Terms of Use & Privacy Policy
Introduction to the Terms of Use:
The Gestiva online store welcomes you and informs you that below you will find the terms and conditions governing your use of this store and all legal effects arising from your use of the store’s services through this electronic platform. The use of the store by any person, whether as a consumer of a service or a product or otherwise, constitutes acceptance and approval of all the provisions and terms of this agreement, provided that such person has full legal capacity under Shariah, law, and applicable regulations. This agreement applies to all forms of interaction between the consumer and the store, and it becomes effective and binding once you accept it and begin registering for and using the store, in accordance with Article 10 of the Saudi Electronic Transactions Law.
Article 1 - Introduction and Definitions:
The above preamble forms an integral part of this agreement. The following terms shall have the meanings assigned to them below:
1- (Store) means all forms of the Gestiva store on the internet, whether in the form of an electronic application, a website, or a commercial outlet.
2- (Consumer) means any person engaging in e-commerce for the purpose of obtaining products or services provided by the store through its electronic platform.
3- (Agreement) means these terms and conditions, which govern and regulate the relationship between the parties to this agreement.
Article 2 - Consumer Legal Capacity:
1- The consumer acknowledges that he/she has the legal capacity required under Shariah and applicable regulations to deal with the store, or that he/she is not less than eighteen years of age.
2- The consumer agrees that if he/she violates this article, he/she shall bear the consequences of such violation before third parties.
Article 3 - Nature of Obligation:
1- The store’s obligation toward consumers is to provide the product and/or service as displayed and made available through Gestiva.
Article 4 - Rules of Use:
1- The consumer shall use the store’s electronic platform in a manner consistent with public morals and the laws and regulations in force in the Kingdom of Saudi Arabia.
2- When purchasing a product from this store, the consumer shall not use that product in any way that violates public morals or the applicable laws and regulations in the Kingdom of Saudi Arabia.
Article 5 - Accounts and Registration Obligations:
Upon applying to join the membership of this store as a user, you undertake to disclose certain information and to choose a username and confidential password for use when accessing the store’s services. By doing so, you agree to the following:
1- You are responsible for maintaining the confidentiality of your account information and password, and you agree to notify the store immediately of any unauthorized use of your account or any other breach of your confidential information.
2- The store shall in no event be liable for any direct or indirect loss, whether material or moral, resulting from the disclosure of the consumer’s username or password.
3- You undertake to use your account or membership personally, and you are fully responsible for it. If another person uses it, this shall be considered evidence that you have authorized such use in your name and on your behalf.
4- You undertake to use the store with seriousness and honesty.
5- You undertake to provide true, accurate, current, complete, and lawful information about yourself as required during registration and to update such information whenever necessary.
6- Gestiva undertakes to treat your personal information and contact details with strict confidentiality in accordance with the store’s Privacy Policy.
7- If it becomes clear to the store that you have provided information that is untrue, inaccurate, outdated, incomplete, unlawful, or in violation of these Terms of Use, the store shall have the right to suspend, freeze, or cancel your membership or account on the platform, without prejudice to the store’s other lawful rights and remedies to recover its rights and protect other consumers.
8- In the event of non-compliance with any of the above, the store administration shall have the right to suspend or cancel your membership or block your access to the store’s services again.
Article 6 - Electronic Communications and Official Means of Contact:
1- The parties to this agreement agree that communication shall take place through the email address registered on the platform or through the official communication channels approved by Gestiva.
2- The consumer agrees that all agreements, notices, statements, and other communications provided electronically shall have the same effect as written communications and shall constitute valid evidence in meeting legal and Shariah requirements.
3- The consumer agrees that the store may contact and notify him/her بشأن any provisions related to this agreement or dealings with him/her through public messages sent to all consumers or to specific users of the store.
Article 7 - Amendments to the Terms of Use and Fees:
1- If any provision or clause of this agreement is canceled or becomes unenforceable, this shall not affect the validity of the remaining provisions, clauses, rules, and terms of this agreement, which shall remain in force until further notice from the store administration.
2- This agreement, as may be amended from time to time as circumstances require, constitutes the framework of operation, understanding, and agreement between the consumer and Gestiva.
3- The store may impose fees on some consumers depending on the offers or products they request or any fees or taxes imposed by the state on the nature of the product.
4- The store reserves the right to add, increase, reduce, or deduct any fees or expenses pursuant to the provisions and terms of this agreement for any consumer, regardless of the reason for registration.
Article 8 - Payment Services:
1- Through its partners, Gestiva provides payment services on the store, which may be completed fully online through the payment options available on the store or through any payment method the store may provide from time to time.
2- The store undertakes to provide the consumer with an invoice for the purchase of the product and/or service whenever required or available under applicable regulations.
Article 9 - Store Responsibility:
1- Gestiva undertakes to conduct its business activities through this electronic platform in a lawful manner and in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia and in accordance with the provisions of this agreement.
2- The store shall not be liable for any claims arising from errors or negligence, whether direct, indirect, incidental, or caused by the consumer or by a third party such as shipping companies or service providers.
3- Gestiva, its employees, owners, and representatives undertake that the product shall be lawful, legitimate, and authorized in accordance with the laws and regulations of the Kingdom of Saudi Arabia and shall be used for lawful purposes.
Article 10 - Restriction of Access or Membership:
The store may suspend or cancel the consumer’s membership or restrict the consumer’s access to the platform services at any time, without notice and for any reason, subject to applicable laws and regulations in the Kingdom of Saudi Arabia.
Article 11 - Governing Law:
These Terms of Use are governed by and drafted in accordance with the laws, regulations, and legislation in force in the Kingdom of Saudi Arabia and are fully subject to the jurisdiction and applicable regulations of the authorities in the Kingdom of Saudi Arabia.
Article 12 - General Provisions:
If any provision or clause of these Terms of Use is canceled or becomes unenforceable, this shall not affect the validity of the remaining provisions, clauses, and terms of these Terms of Use, which shall remain in force until further notice from the store administration.
These Terms of Use, as may be amended from time to time as circumstances require, constitute the agreement, framework of operation, understanding, arrangement, and contracting mechanism between Gestiva and the consumer. Both parties further agree that the following shall be taken into consideration:
1- Arabic shall be the governing language in interpreting the provisions of this agreement or upon translating it into another language.
2- All prices displayed for the store’s services or products may be amended from time to time.
3- Promotional or marketing offers made by the store are temporary offers, and the store has the right to amend or discontinue such offers at any time.
4- The parties to this agreement undertake to deal with each other in a manner that does not violate Shariah rules, laws, and regulations applicable to the nature of the relationship between the store and the consumer.
5- These Terms of Use may only be canceled by a decision issued by the store administration.
Privacy Policy
Gestiva is committed to protecting the privacy of all users, customers, and visitors, and to maintaining the confidentiality of personal information in accordance with the applicable laws and regulations of the Kingdom of Saudi Arabia and in a manner that supports the proper delivery of the store’s products and services.
1. Information We Collect
When you use Gestiva, register for an account, or place an order, we may collect certain information that you provide directly or that is recorded automatically, including but not limited to:
- Name
- Mobile number
- Email address
- Address and shipping details
- Billing and payment information
- Order and purchase details
- Any other information you provide when contacting us or filling in forms within the store
We may also automatically collect certain technical data when you visit the store, such as:
- IP address
- Device and browser type
- Pages visited
- Date and time of access
- General usage data that helps us improve the user experience
2. How We Use Information
Gestiva may use the collected information for the following purposes:
- Creating and managing user accounts
- Processing, confirming, shipping, and delivering orders
- Issuing invoices and completing payment transactions
- Communicating with customers regarding orders, inquiries, or support
- Improving user experience and developing the store’s services and products
- Sending updates and notifications related to orders or accounts
- Sending promotional or marketing messages where permitted or authorized
- Complying with applicable legal and regulatory requirements
3. Storage and Protection of Information
Gestiva takes reasonable technical and organizational measures to protect personal information against unauthorized access, use, modification, disclosure, or destruction.
However, the user acknowledges that data transmission over the internet or electronic storage systems cannot be guaranteed to be completely secure under all circumstances.
4. Sharing of Information
Gestiva does not sell or rent users’ personal information to third parties.
The store may share certain information only to the extent necessary with:
- Shipping and delivery companies for order fulfillment
- Payment service providers for payment processing
- Technical or operational service providers assisting in running the store
- Governmental, judicial, or regulatory authorities where disclosure is required by applicable law or regulation
In all cases, information will only be shared to the extent justified by legitimate operational need or legal obligation.
5. Cookies and Similar Technologies
Gestiva may use cookies and similar technologies to improve user experience, understand visitor behavior, enhance store performance, and personalize certain content or services.
Users may control cookie settings through their browser preferences. Disabling some cookies may affect certain store functions or reduce the quality of the browsing experience.
6. Communications and Marketing
Gestiva may use your contact information to send:
- Updates related to your orders or account
- Important operational notifications
- Promotional or marketing communications where appropriate or legally permitted
Users may request to opt out of marketing communications at any time through the available communication methods or the options provided by the store.
7. User Rights
Subject to applicable laws and the nature of the service, users may request to:
- Access their personal information
- Update or correct their information
- Request deletion or restriction of use where legally and operationally possible
- Object to certain processing activities or marketing communications
Any such request shall remain subject to applicable legal obligations, contractual requirements, accounting and regulatory record-keeping needs, and operational considerations.
8. External Links
Gestiva may contain links to external websites or services not operated by the store. The store is not responsible for the privacy practices or policies of such external sites or services, and users are encouraged to review their privacy policies before using them.
9. Minors’ Privacy
Use of the store or creation of an account requires the user to have legal capacity under applicable laws and regulations, or to use the store under the supervision of a legal guardian where relevant. Gestiva does not knowingly collect personal information from minors in a manner that violates applicable law.
10. Changes to This Privacy Policy
Gestiva reserves the right to amend or update this Privacy Policy at any time in accordance with business needs or legal, regulatory, or technical developments. Any changes shall become effective once published on the store, and continued use of the store after publication constitutes implied acceptance of those changes.
11. Contact
For any questions or requests related to this Privacy Policy or personal data, users may contact Gestiva through the official communication channels provided in the store.