These terms and conditions ("Terms") apply whenever you use our website [sa.scotch-soda.com] (the "Website") or order any product ("Product") through the Website or from our physical stores (“Stores”) or otherwise from us.
Please read these Terms carefully and print a copy for your future reference. By using the Website or ordering a Product from us, you agree that you have read, understood and agree to these Terms (as amended from time to time). If you do not agree to these Terms, you must not use the Website or order any Product from us.
1 About us
1.1 Beside Trading Co. LTD LC (referred to in these Terms as “we”, or “us”) is a limited company incorporated under the laws of the Kingdom of Saudi Arabia (KSA), with commercial register number 4030156787 and its registered office at PO Box 18487, Jeddah 21415, KSA.
1.2 We are the franchisee and authorised resellers of international clothing brands (“Brands”) products in the United Arab Emirates but are independent of the manufacturer of the Products (“Brand Owners”).
1.3 Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please contact us on +966 (0)11 5202888 or e-mail us on email@example.com.
2 About you
By ordering any Products from us, you confirm that you are (i) over 18 years old (ii) resident in the KSA and (iii) ordering Products for delivery in the KSA. If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
3 Your use of the Website
3.1 You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
3.2 You are permitted to download and print content from the Website solely for your own internal business purposes and/or personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
3.3 Without limiting any other rights and remedies we may have available, we may, without giving any notice, limit your activities on the Website, deny you access to the Website or refuse to sell Products to you if you breach these Terms or if we consider your use of the Website to be inappropriate.
4 Product descriptions
4.1 All Product descriptions and illustrations shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly. We will always make all reasonable efforts to ensure that any Products are accurately displayed however colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will be accurate.
4.2 All prices shown on the Website are in shown in UAE Dirhams for sales within the UAE. Unless otherwise stated on our Website, prices shown on the Website are inclusive of VAT but do not include any delivery charges or payment surcharges.
4.3 Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time. From time to time there may be information within the Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
4.4 Any contests or promotions that may be described or posted on the Website are governed by the rules regulating such event and the laws of the relevant jurisdiction for that contest or promotion.
5 Ordering Products
5.1 Before placing an order to purchase a Product, you will be given the option to purchase as a ‘guest’ or to register with us. By creating an account with us, you will be able to move through the checkout process faster, store multiple shipping addresses, view and track your order status and history, request returns via the website and more. If you choose to register with us you will be asked for a user name and password as your login information to create your account. You are responsible for keeping your account login information secret and secure and you agree:
(a) Not to permit any other person to use your user name and password; and
(b) Not to disclose or provide any other person your user name, your password or any other information that may allow other person to gain access to your user name or password.
5.2 We will use this user name and password information to create your personal account. Our collection of your personal data submitted via the Website is subject to Clause 12 of these Terms.
5.3 When you place an order to purchase a Product from us, your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it does not represent a legally binding contract.
5.4 Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website). Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing (either by invoice submitted with Products, e-mail or otherwise).
6 Payment for the Products
6.1 All Products will remain our property until we have received payment in full for those Products.
6.2 During the checkout process, you will be asked to complete your payment details and make payment or, to the extent it is available on our Website, select the option for payment by payment on delivery. All highlighted fields must be completed. We accept most major credit cards. Please note that we will collect, store and use your information in accordance with Clause 12 of these Terms.
6.3 All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so.
6.4 If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
7 Collection or Delivery of the Products
7.1 We offer the option for you to collect your ordered Products from one of our nominated Stores. If you select this option on our Website, once the Products are ready you will be notified so that you can come and collect the Products from the nominated Store.
7.2 If you opt for delivery of the products, delivery will be to the address in the UAE specified in your order. It normally takes 1-3 working days depending on the Products and availability but we cannot guarantee the delivery date. If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us.
7.3 If Products are returned to us by the delivery company, and you have already paid for the Products, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product. If Products are returned to us by the delivery company, and you were due to pay cash on delivery, we reserve the right to invoice you for any costs incurred in arranging for the delivery and return of the Product.
7.4 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are either (i) collected by you at our Store or (ii) delivered to the delivery address specified in your order.
7.5 Where you have opted for payment by cash on delivery, you will be required to pay our delivery company for the products prior to the handover of the products to you. If you fail to make payment for the products on delivery, our delivery company will take the product away and we reserve the right to invoice you for any costs incurred in arranging for the delivery and return of the Product.
7.6 We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
8 Our liability to you
8.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. We exclude however, subject to the limited Product warranty provided in Clause 9, all other representations, warranties, conditions and terms express or implied by law or otherwise.
8.2 We will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
8.3 Notwithstanding the above, to the full extent permitted by law, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid by you for the Products.
8.4 We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
8.5 This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
8.6 Nothing in these Terms shall limit our liability for personal injury or death caused by our negligence, fraud or any other liability which cannot be excluded or limited by law.
9.1 We warrant that upon delivery to you all our Products will (i) be free from defects or manufacturing defects and (ii) conform with the specifications.
9.2 The relevant warranty period is  days from the purchase date for all other Products (Warranty Period).
9.3 You should check all Products you receive against your order. If you receive Products that are damaged or incorrectly supplied then you must tell us within 7 days of delivery and return the Products to us as soon as possible. Please note that we will not accept the return of any damaged, defective or incorrectly supplied Products where you fail to notify us and return the Product within the applicable Warranty Period.
9.4 Subject to Clause 9.3, if during the Warranty Period the Products are damaged (other than by you or reasons outside of our control), defective or have been incorrectly supplied then we will, at our option and cost, provide a replacement, repair the Product or refund your money.
9.5 In addition to your rights under Clause 9.1, we also offer an exchange and returns policy on our Products subject to the terms set out below:
(a) exchanges or returns must be made within 30 days of purchase of the Products;
(b) you will need to contact our customer care centre via telephone on +966 (0)11 5202888 or e-mail on firstname.lastname@example.org and provide us with details of the Product to be returned along the item name, size and colour and the reason for the return;
(c) the Products must be returned in the original packaging and/or box, in original unused condition and with all tags attached;
(d) due to hygiene reasons, no exchange or refunds will be provided on underwear, swimwear or earrings;
(e) original proof of purchase must be provided;
(f) Products purchased from a Store must be returned to the same Store and cannot be returned via the website;
(g) once the delivery company has picked up your Product, it will be inspected by our fulfilment centre for compliance with the above terms and you will be informed if the Product is accepted for return or exchange;
(h) for refunds, delivery fees and any cash on delivery fees are non-refundable and any bank charges and a collection fee of SAR30 will be deducted from your amount to be refunded; and
(i) for exchanges, exchange of the Product for a different size is only available if the requested size is in stock. Please note that an exchange is allowed only once per order. If the exchanged order still does not fit, you can request for a refund.
9.6 Any refunds given by us will be made within 10 to 14 working days to the credit card account provided when you placed your order. If the Products were paid for by cash, the refund will be made either (i) via bank transfer to your nominated bank account in the UAE if the return is initiated via the Website or (ii) in cash at the Store if the return is initiated there.
10 Intellectual Property Rights
10.1 As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
10.2 "BESIDE" is a registered trade mark of ours in the United Arab Emirates, Kingdom of Saudi Arabia, Egypt, Bahrain, Qatar, Kuwait, Jordan, Lebanon, Iran and European Union Countries. All other third party brand names are the property of the relevant Brand Owners. We disclaim any proprietary interest in trademarks, service marks and trade names other than its own. Unauthorized use or reproduction of any of these trademarks is strictly prohibited.
11.1 Subject to Clauses 11.2 and 11.3, we will not utilise or share your information with any third parties without your consent unless required to do so for fraud investigation, by law, by an order of a competent court or as necessary for us to comply with our obligations under these Terms.
11.2 You consent to us sharing your details as necessary with (i) delivery companies, group companies or third parties for the purpose of fulfilling purchase orders and delivering Products and (ii) other group companies or third parties for marketing and promotional purposes.
11.3 You consent to receive marketing and promotional material from us and selected third parties, unless you inform us otherwise.
12.1 You agree to indemnify and keep us indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including, but not limited to, direct losses, consequential losses, loss of profit and loss of reputation and all interest, penalties, and legal and other professional costs and expenses) arising out of and in connection with any breach of these Terms by you.
13 Other important terms
13.1 These Terms were last updated on 28 March 2021. We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website and your continued use of the Website confirms your acceptance of the updated or amended Terms.
13.2 These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
13.3 You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
13.4 We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
13.5 No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
13.6 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
13.7 Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.
13.8 Nothing in these Terms shall affect your applicable mandatory statutory rights as a consumer.
13.9 These Terms are governed by and shall be construed in accordance with UAE law as applicable in the Emirate of Dubai. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Dubai International Financial Centre (DIFC) Courts, including the DIFC small claims tribunal, where such tribunal has specific jurisdiction for such claim.