Terms and Conditions

Terms and Conditions

Terms and Conditions The Stitch Cart Trading Co. , a Company formed in KSA under Licence number 7033027165 (“COMPANY”) maintains the www.stichcart.com Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the www.stichcart.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. COMPANY reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the  Terms of Use If you violate these Terms of Use, COMPANY may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

DEFINITIONS & INTERPRETATION. The following terms have the following meanings in these Conditions: a) “Conditions” – these terms and conditions. b) “Contract” – any contract between you and us for the sale and purchase of Goods. c) “Goods” – the goods that we supply. d) “Us”, “we”, “our” and like terms refers to “The stitch cart trading Company”. e) “You”, “we”, “your” and like terms refers to you, the buyer of Goods pursuant to these Conditions. f) “Writing” includes email communication. g)

References to any statute or statutory provision shall be construed as a reference to that statute or statutory provision as modified, consolidated or re-enacted for the time being in force or to any statute or provision of which the statute or provision is a consolidation or modification and such reference shall include all statutory instruments or orders made pursuant to that statute or provision. h) The headings in these Conditions are for convenience only and shall not affect their interpretation. i) Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

LIMITED LICENCE. You are granted a limited, non-exclusive, revocable and non-transferable licence to utilise and access the Site pursuant to the requirements and restrictions of these Terms of Use. COMPANY may change, suspend, or discontinue any aspect of the Site at any time  COMPANY may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, licence, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

SITE OPERATION: COMPANY controls this Site from its HEADQUARTERS and makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any KSA export laws and regulations.

APPLICABLE LAW. The Laws of the Kingdom of Saudi Arabia shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the Kingdom of Saudi Arabia.

PURCHASES. COMPANY accepts payment by most major debit and credit cards in SAR for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review the respective merchant service provider’s user agreement and privacy policy before entering any transaction Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorised officer of the COMPANY. All refunds will be made onto the original mode of payment and may take up-to 4 weeks to be credited back to your account. Company shall not be responsible for any charges applied by the merchant or deductions due to differences in the exchange rate.


COMPANY will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFACtargeted countries AND individuals, groups, and entities, such as terroristsand narcotics traffickers designated under the OFAC programs that are not country specific.

REPRESENTATIONS BY YOU. By visiting the Site or registering on the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to COMPANY through the Site or for inclusion on the Site will not plagiarise, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

PERMITTED USE. You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorised by COMPANY to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorised by COMPANY to do so. The content and software on this Site is the property of COMPANY. The cardholder must retain a copy of transaction records and Merchant policies and rules.

YOUR ACCOUNT. If you use a COMPANY Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or inconnection with, your failure to comply with this section.

NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or servicesof any kind. You must obtain COMPANY’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COMPANY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. COMPANY has no control over these sites or the content within them. COMPANY does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive.

COMPANY does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against COMPANY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at customercare@stichcart.com

COPYRIGHT POLICY. COMPANY may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY. Although COMPANY is not responsible for the content, quality or accuracy of data provided by the brands and its distributors, users, compilations of such data, text, information and other materials made available to users through COMPANY’s system. The On-line Materials are COMPANY’s intellectual property, and are protected by international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of COMPANY, except as expressly and specifically permitted under these Terms of Use. The On-line Materials are and will remain the exclusiveproperty of COMPANY. All rights, titles and interests in and to the On-line

Materials will be and remain vested solely in COMPANY. Under no circumstances will you have any right, directly or indirectly, to own, use,copy, loan, sell, rent, lease, licence, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a licence with the express rights and subject to all limitations herein.

Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with COMPANY. You acknowledge and agree that COMPANY will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At COMPANY’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in COMPANY’s name.


VIOLATION OF TERMS OF USE. You understand and agree that in COMPANY’s sole discretion, and without prior notice, COMPANY may terminate your access to the Site, or exercise any other remedy available and remove any unauthorised user information, if COMPANY believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of COMPANY, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to COMPANY for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. COMPANY may release user information about you if required by law or subpoena.

INDEMNITY. You agree to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENSE GRANTED TO YOU. By providing materials to COMPANY, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COMPANY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COMPANY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COMPANY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to COMPANY will be treated as non- confidential and non-proprietary and may be disseminated or used by COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. COMPANY is not responsible for the acts or omissions of any advertiser or sponsor. All descriptions and illustrations and advertisements in our catalogs, website or other marketing material are intended merely to present a general idea of the Goods described therein and nothing contained in any of them shall form part of any Contract

REPRESENTATIVE/AGENTS. Our employees and agents are not authorized to make any representations concerning the Goods unless confirmed by us in writing and in entering into any Contract you acknowledge that you do not rely on and waive any claim for breach of any such representations which are not so confirmed. Nothing in this clause will exclude or limit our liability for fraud or fraudulent misrepresentation. Any advice given or recommendation given by us or our employees or agents to you or your employees or agents as to the storage application or use of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your risk and we shall not be liable for any such advice or recommendation which is not so confirmed.

ORDERS. Each order placed by you shall constitute an offer to purchase Goods pursuant to these Conditions. We have full discretion in accepting or rejecting your order. No Contract shall be formed between us until we inform you that your order is accepted. Our acknowledgement of your order does not constitute acceptance of your order. You are responsible for ensuring the accuracy of the order. You agree that where we become unable after your order to supply the specific Goods that you have ordered we may provide different Goods provided that such Goods are substitutable and of similar quality.

PRICE. The price of the Goods shall be prices shown i) in the catalogue less the buyer’s discount (if applicable) or ii) on our valid special prices list or iii) the price advised to you (as the case may be). All prices are shown exclusive of any applicable VAT. We reserve the right to increase the price of the Goods at any time before delivery to reflect any increase in the cost to uswhich is due to any factors beyond our control or any change in the delivery dates, quantities or specifications for the Goods which is requested by you. Our delivery charges, where payable by you will be advised to you prior to submission of your order (where possible) and in any event before we accept your order.

DELIVERY. We will deliver to the address provided when you place your order. We will endeavour to deliver the Goods within a reasonable time, but will not be liable for any loss or damage caused by delay in the delivery of the Goods, nor will any such delay entitle you to cancel any Contract. Any dates quoted for delivery shall be of no contractual effect. Where we have agreed in advance to deliver the Goods by instalments, each delivery shall constitute a separate contract and failure by us to deliver on time shall not entitle you to cancel any Contract as a whole. You must make all arrangements to take delivery of Goods when they are tendered for delivery. We reserve the right to claim for all loss incurred or suffered resulting from non-delivery or non-collection which is caused by your failure to take delivery of the Goods when they are tendered for delivery. You will be deemed to have given authority to accept Goods on your behalf to any person who accepts delivery when Goods are delivered. Signature on the delivery note shall constitute your satisfaction with and acceptance of Goods.

TITLE. Where payment for the Goods is not made in full at the time the order is submitted by you: a) Notwithstanding delivery of the Goods and passing of risk, title to the Goods will not pass to you until payment of the full price for the Goods and all other sums due under any Contract have been paid in full. b) If the Goods are sold to a third party before payment has been made to us the proceeds shall be held by you on trust for us pending payment. Until payment you must insure the Goods and store them separately, clearly identifying them as our property. At any time after the price for the Goods or any other sum owing to us has become due, enter your premises and recover the Goods. You hereby give us authority for us to enter onto your premises for that purpose. Notwithstanding that title has not passed to you we shall be entitled to sue for the full price for the Goods.

CANCELLATION. You may not cancel any Contract after submission of the order. We reserve the right to cancel any Contract prior to delivery if: i) we have insufficient stock to deliver the Goods ordered; or ii) we do not deliver to your area; or iii) one or more of the Goods ordered was listed at an incorrect price due to a typographical error or any other error; or iv) you have failed to pay for Goods in accordance with these Conditions or have been in breach of any other of these Conditions (either in respect of that Contract or any other Contract); or v) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up (being a company); or an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over you (being a company); or the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver; or a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or you (being an individual) is the subject of a bankruptcy petition or order. If we cancel a Contract pursuant to cancellation condition  (i), (ii), or (iii) in above CANCELLATION paragraph, we will notify you by email and credit any monies owing to you as soon as possible within 30 days of acceptance of your order. Where either Condition pursuant to cancellation condition (iv), or (v) in above CANCELLATION paragraph, where we have delivered Goods which have not been paid, payment for Goods shall be immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. We will not be liable to pay any additional compensation for any loss suffered by you as a result of any cancellation.

WARRANTIES AND LIABILITY. We warrant that the Goods will correspond to the description given by us (subject as provided in these Conditions) and will be of satisfactory quality. We shall not be liable for a breach of any of the warranties or otherwise for any defect, unsuitability or safety or otherwise of the Goods supplied for the intended purpose of the Goods (i) where the Goods are manufactured, altered or modified in accordance with your instructions or according to drawings or design or specification supplied by you or on your behalf or (ii) any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow our instructions (whether oral or in writing) misuse or alteration or repair of the Goods without our approval. Subject as expressly provided in these Conditions all warranties conditions terms and liabilities expressed or implied by statute or common law are excluded to the fullest extentpermitted by law. We shall not be liable to you in respect of the supply of Goods or their use or resale for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever. Our entire liability under or in connection with any Contract shall not exceed the price of Goods to which that Contract relates, except as expressly provided by these Conditions. Nothing in these Conditions excludes or limits our liability in respect of death or personal injury caused by our negligence or for liability for fraud or fraudulent misrepresentation. These are further governed by our Warranty and Returns policy details of which are available on the site.

FORCE MAJEURE. We shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control: i) Act of God explosion flood tempest or other natural disaster; or ii) fire, explosion or accidental damage; or iii) war or threat of war sabotage insurrection terrorist attack civil disturbance civil commotion riot or requisition; or iv) act restriction regulations bye-laws prohibitions or measures of any kind on the part of the governmental parliamentary or local authority; or. v) import or export regulations or embargoes; or vi) strikes lockouts or other industrial actions or trade disputes (whether involving our employees or a third party); or vii) difficulties in obtaining raw materials, labour, fuel parts or machinery; or viii) power failure or breakdown or failure of plant machinery, machinery, computers or vehicles. In these circumstances we shall be entitled to a reasonable extension of time for performing our obligations.

GENERAL. Unless otherwise expressly stated in these Conditions, all notices from you to us must be in writing and sent to our contact address which can be found on our website. Notices given to you under these Conditions shall be sent to you at the contact details provided when your order was placed. These Conditions set out the whole of our agreement between us relating to the supply of the Goods or otherwise. You confirm that you shall have no remedy in respect of any breach of representation or warranty that is not set out in these Conditions. Nothing in theseConditions excludes or limits our liability for fraud or fraudulent misrepresentation. No failure or delay by us to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. You shall not assign any benefit under these Conditions without our prior written consent. All amounts due under any and all Contracts shall be paid in full without any deduction or withholding and you shall not be entitled to claim set-off or counterclaim against us in relation to the payment of the whole or any part of any such amount.

SEVERABILITY. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement