Terms and Conditions

Introduction

This website is owned and operated by Aljomaih Beverages Company (branch of AL JOMAIH holding CO. ) “ABC” is a company incorporated in Dammam -Kingdom of Saudi Arabia. The website, tools and services, information and products offered to you are dependent on your acceptance of all the terms and conditions and any related policies stated here or at other policy pages on this website.

This policy describes how our company gathers, collects, analyses, processes, utilizes and discloses your personal information as a data controller. when you visit us on any of our “Platforms” (not limited to web, mobile, social, digital, channel, live activation etc.) displaying and communicating information to you, and when you interact in any way (not limited to visiting, viewing, using or purchasing of information, goods and services) with our platform.

By checking into our site and/ or purchasing any our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.

Please read and understand these Terms of Service carefully before accessing or using our website, If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services and/or make any orders.

Any new features and/or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for changes.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

Section 1. General Conditions

1.1. Any policies and conditions stated in our FAQ page are considered part of and a continuation to this Terms of Service.

1.2. We reserve the right to refuse providing our services to anyone while ensuring without notifying the customer of the reasons.

1.3. It is understood that your registered data , information and content (not including credit card information), may be transferred unencrypted and involves (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the Products, Services and content, use of the Service, or access to the Service or any contact on the Platform through which the products or services are provided by ABC, unless you have obtained prior written approval from our company’s authorized personnel .

Section 2. Online Store;

2.1. By agreeing with these Terms of Services, you acknowledge that you are at least (18) Eighteen years old and that you bear personally   full responsibility of all    your minor dependents and/or all acts, orders, comments took place and any   use of this site by using your password and username issued to you by ABC.

2.2. You are not allowed / authorized to use our products for any illegal or unauthorized purposes nor may you, in the use of the Service violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3. You must not transmit in any way worms or viruses or any code of a destructive nature.

2.4. Breach or violation of any of the Terms will result immediate termination of your Services and we reserve the right to take all needed actions (including legal) against you in this regard.

Section 3. Modifications to the Service and Prices

3.1. Prices for our products are subject to change without notice. However, price changes will not affect or change in already placed orders.

3.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

3.3. We reserve the right to specify the type of products/services and quantity limits available for purchase per order, while noting that this information will be clear and present to the customer before placing an order.

3.4. We reserve the right to change or cancel a placed order, in compliance with ABC sales and marketing policies and governing law.

Section 4. Products or Services

4.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

 

4.2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

Section 5. Account Information

5.1. Under this clause you acknowledge the accuracy and correctness of your addresses and in the event of a change you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5.2. Your submission of personal information through our store is governed by our Privacy Policy.

5.3 Once you access to our website, you acknowledge that you have reached the legal age specified under the Kingdom of Saudi Arabia laws and you are responsible for all your actions/ orders, purchases, comments, behaviors and legal obligations.

5.4 Once you logged into your account  by using the username and password approved by us, this will be considered as an  acknowledgment and approval legally binding for you  that any purchases, transactions, comments and all  you do are legally valid and binding on the account owner and you cannot appeal that it is not valid for any reason whatsoever.

 

Section 6. WHAT THIS POLICY COVERS

This policy are issued to:
• set out the types of personal information we collect;
• explains how and why we collect and use your   information;
• explains when and why we may share information within Al Jomaih Sister and subsidiary companies, PepsiCo international and with other organizations;
• explains how we protect the information we collect; and
• explains the rights and choices you have in relation to your information.

Section 7. When you shop with us online, browse our Platforms, we may collect:

  1. User Comments, Feedback and Other Submissions

8.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, share and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

8.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

8.3. You acknowledge and undertake that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further undertake that your comments will not contain libelous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and its accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9. Prohibited Uses;

9.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local and/or international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights and /or our and/ or others  trademarks ; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

9.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses in addition to taking all legal procedures against any/all abuses committed by you or through using your signature.

Section 10. Indemnification

You agree to indemnify us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, for any harm done from any legal claims or cases, including attorney fees or third party demands arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

Section 11. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 12. Termination

12.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2. These Terms of Service are effective unless and until terminated by either party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

12.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notifying you of the reasons, We may, also, accordingly deny you future access to our Services (or any part thereof) and We reserve the right to claim you for any amounts that you owe to the company.

Section 13. Entire Agreement

13.1. Not exercising or using any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

13.2. These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous terms, agreements or policies, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). However, we ensure our commitment to provide our services and products as offered and advertised by us.

13.3. The latest version of this Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service are the only legally binding reference to the agreement between you and us and you agree to this each time you place an order, use a service or browse and use our website in general.

13.4. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 14. FORCE MAJEURE

We will not be liable for any obligation mentioned in this policy and/or any delay in performance or non-performance arising directly or indirectly from any cause or reasons beyond reasonable control, including but not limited to fires, floods, riots, God’s actions, wars, other conflicts, strikes, or Slow down, shutdown.

Section 15. Governing Law

  1. This Policy shall in all respects and for all purposes be governed by, interpreted and construed in accordance with the laws of the Kingdom of Saudi Arabia.
  2. All disputes arising concerning the interpretation and execution of this policy shall be refer to the competent courts in Dammam \ Kingdom of Saudi Arabia.

Section 16. Changes to Terms of Service

16.1. You can review the most current version of the Terms of Service at any time at this page.

16.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 17. Return and Change Policy

Scenario Cash Transaction  Credit card Transaction  Partial Delivery
Quality inside the SKU was damaged when the delivery arrived. After delivery ABC will Replace within 72 hours After delivery ABC will Replace within 72 hours Partial Delivery is not allowed
Package was damaged when the delivery arrived to Customer After delivery ABC will Replace within 72 hours After delivery ABC will Replace within 72 hours Partial Deliver is not allowed
Delay in delivery to Customer and the customer refused to accept when Order arrived Undelivered and the driver shall return back with the order to factory Refund with Bank as per Bank terms N/A
Wrong Address N/A
1.       The Driver went to a wrong address and an unknown customer accepted the Order or the driver came back with out delivering 1.       Driver to Coordinate with Customer on his mobile and Aljomaih Customer Service and make sure the order is delivered to the right customer. The Actual end Customer shall be serviced with the order 1.       Driver to Coordinate with Customer on his mobile and Aljomaih Customer Service and make sure the order is delivered to the right customer. The Actual end Customer shall be serviced with the order
2.       The driver could not find the address and came back 2.       Driver to Coordinate with Customer on his mobile and Aljomaih Customer Service and make sure the order is delivered to the right customer. The Actual end Customer shall be serviced with the order 2.       Driver to Coordinate with Customer on his mobile and Aljomaih Customer Service and make sure the order is delivered to the right customer. The Actual end Customer shall be serviced with the order
Wrong Order Came (Mirinda was Ordered and Pepsi was delivered mistakenly) After delivery Replace within 72 hours Un delivered and taken back to warehouse to be replaced with a new order within 2 Days Partial delivery is not allowed
1
Customer Refused to Pay Un delivered and taken back to warehouse Customer Cannot refuse if he has already paid. N/A
Order be rescheduled for delivery based on delay Order can be rescheduled for delivery based on delay
Return after the customer accepted the order Not possible to return/change after acceptance Not possible to return/Change  after acceptance N/A

 

Contact Information

Communication about the Terms of Service should be sent to us at:

Email: info@Pepsijomaih.com

Al Jomaih Beverages Company LTD,

Dammam-king Abdulaziz Road – Khaldyah Area –P.O Box 8614-Wasil 3865 Dammam 32231

Kingdom of Saudi Arabia

Tel +966 138401111 -Fax :+966 13 8401100 –C.R 2050117902

 

 

 

I hereby declare that I have read and understand all that is stated in this policy and agree on it.