Terms & Conditions

General Terms & Conditions

Welcome to AMUSEDCO! Our aim is to foster a trusting relationship with our esteemed customers and this is why our terms and conditions are as transparent as possible. For any clarifications or for more information do reach out to us at hello@amusedco.com

All Users should read all the General T&Cs carefully, as they affect their rights and liabilities, and ensure that they understand them, before using the Website.

The purpose of the General T&Cs is to define the terms and conditions on which AMUSEDCO shall directly provide access to and allow Users to browse the Website, provide Users with services allowing them to sell or buy Products to or from each other, and list Products for sale that it owns directly to Users.

Users will be agreeing to the General T&Cs as soon as they browse the Website including when they create an account and regardless of whether or not they complete any Transactions through the Website. If a User does not want to be bound by the General T&Cs, he/she should not access, register, use or list any Products or place any Orders with AMUSEDCO.

This Terms of Service subject to the Term and Conditions is effective upon acceptance for all new users and from May 1st 2020 for existing users. 

By using our Site, application and services you confirm that you are either at least 18 years of age or are accessing the Site and its services under the supervision of a parent or legal guardian.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

AMUSEDCO may offer special promotional offers, which may or may not apply to your user account. You agree to be bound by any additional terms and conditions for these special offers. The laws of the Kingdom of Saudi Arabia will govern these terms & conditions and the relationship between you and AMUSEDCO. 

AMUSEDCO does not guarantee it will take action against all breaches of these Terms & Conditions. Except as otherwise expressly provided here, there shall be no third-party beneficiaries to these terms. These Terms constitute the entire agreement between you and AMUSEDCO and governs your use of the Site, superseding any prior agreements between you and AMUSEDCO with respect to the Site.

Country of Domicile
AMUSEDCO and its website are owned and represented by Thamarat Al Jeel Company, Commercial Registration No. 4030336610 having its registered office and place of business at Building Number 2444, Taha Khseyifan, Al Shattea District Jeddah 23511

Laws and Jurisdiction
These Terms and Conditions mentioned here are governed by, and construed in accordance with the law of the Kingdom of Saudi Arabia.

Data protection / Privacy policy / Cookies In view of the purpose and operating mode of the website www.amusedco.com (the “Website”), it may collect and process some of its users’ personal data, within the laws of the Kingdom of Saudi Arabia.

The purpose of this privacy policy is to explain how and why the data is collected and processed and the rights held by the subjects (i.e. the Community members who use the Website, hereinafter referred to as “you”) under the above-mentioned laws and regulations. This privacy policy completes the terms and conditions of the Website. It may be amended at any time. 

Personal data is collected and processed by AMUSEDCO, and is represented by its CEO and CoFounders, acting as data controller.

When you browse the Website and use the services it offers, AMUSEDCO collects and processes certain information that may be considered as personal data within the meaning of the laws of the Kingdom of Saudi Arabia, including the following data: email address, title, first and last name, country, password, profile image, postal addresses, telephone number(s), IP address, connection and browsing data, order history, payments, claims, incidents, information concerning deliveries, correspondence on its website. You are hereby informed of the mandatory nature of the data to be provided for collection. Certain data is collected automatically through your actions on the site (see the section on cookies).

As previously indicated, we collect the information listed above specifically when you 

  • create your customer profile on the Website
  • purchase or sell a product on the Website
  • browse the Website and look at the products
  • participate in a contest
  • contact our customer service department
  • accept the installation of certain cookies

All or part of the data collected may be shared with the following:

(i) AMUSEDCO’s internal departments, on a need-to-know basis

(ii) the other partners of the Thamarat Al Jeel group, particularly in the case of international payments

(iii) advertising platforms and business partners, 

(iv) our service providers, including:

  1. a) delivery and payment services providers
  2. b) CRM services providers
  3. c) product authenticity verification services providers
  4. d) IT services providers; 

(v) third parties who, in the scope of an M&A transaction, need direct or indirect access to certain data; 

(vi) sellers, if the items you purchase are sent to you directly by them; 

(vii) purchasers, to enable them, where appropriate, to return to sellers the items they purchased directly from them.

The primary purpose of collecting personal data is to offer you a safe, optimal, efficient and customized browsing experience. You accept that we may use your personal data to: - 

  • manage the user accounts (subscribe, unsubscribe, exclude, etc.)
  • manage the products sold and, in particular, guarantee quality control
  • process orders 
  • manage our customer relations (including with our VIP customers) and prospects 
  • better know you (your needs, interests, etc.) to develop, improve and provide you with the services you expect
  • resolve any problems or claims 
  • establish statistics and carry out surveys with a view to customizing, assessing and improving our services and content 
  • inform you about our services and those of our partner companies, through targeted marketing and/or promotional offers, with your consent 
  • prevent, detect and investigate any activities that are potentially prohibited and illegal and enforce our general conditions of sale and use 
  • comply with our legal and regulatory obligations, 
  • transfer it to the data recipients 

Cookies:
A cookie is a small text file (in .txt format) containing a string of characters. Cookies are sent by the server of the website you are browsing and are stored on the hard disk of your computer, tablet or smartphone. In general, a cookie contains certain directly or indirectly identifying data, such as the name of the server it is sent by, a session identifier, a date of expiry and, potentially, information on your browsing of the website concerned, such as the pages browsed for example. A cookie is not used to gather personal data without your knowledge, but rather to record information concerning your browsing on the Website, which can be read directly by AMUSEDCO during your subsequent searches on the Website (such as, for example: the pages you accessed or the date and time of access to such pages). 

Cookies may be strictly technical and necessary, particularly to recognise you when you return to a website after leaving it, or to establish a secure connection for an online purchase. Cookies may also be used to establish statistics, audience and performance ratings, as well as advertising targeting in order to send you advertisements adapted to your tastes and assessed via your internet browsing habits. The Website uses various cookies. 

When you first connect to the Website, a banner is displayed to inform you about cookies and give you the possibility to accept or refuse cookies relating to

(i) the display of customised content,

(ii) targeted advertising and 

(iii) statistics. 

Once the settings are configured, they in turn are recorded in a cookie and stored. If you wish to subsequently modify these settings, you must clear the memory cache in your browser so that the banner is displayed again. 

The cookies we use on the Website enable us to: 

  • establish statistics and the volume of traffic on the Website’s pages
  • facilitate communication
  • provide users with the services requested
  • recognise users for future visits
  • adapt the presentation of our website and our advertising spaces to the users’ display preferences on their terminal (language, operating system, etc.)
  • offer targeted advertising to users
  • combat fraud on the internet
  • secure users’ payments on the Website. Some of the browsing information collected via the cookies may be shared with our business partners. 

The storage period for data collected via our cookies requiring consent is limited to 12 months. 

If, by clicking on their banners or advertising links, you access third-party websites that advertise on AMUSEDCO’s website, or if you look at their advertisements, cookies may be used by the companies who publish these advertisements. These third parties potentially using cookies in the framework of AMUSEDCO’s services (partners, advertisers or other third parties providing content or services on the Website) are responsible for the cookies they use and it is their cookie policy that applies. AMUSEDCO does not accept any responsibility for the potential use of cookies by these third parties. For more information, we advise you to view the cookie policy directly on these advertisers’ website

AMUSEDCO also undertakes to maintain, update and store complete and accurate records on the processing of personal data in the scope of the Website. These records contain details of the processing operations carried out. 

Geolocation
When you browse the AMUSEDCO website, we can collect information on where your terminal is located. The geolocation feature requires the user’s prior express consent to be geolocated. To do so, and if users so wish, they must activate the geolocation feature directly in the settings of their mobile terminal and enable the application to use it. The function can be activated or deactivated at any time and at no expense based on your operating system.

Banking data and system for analysing orders (fraud detection) 
As a matter of principle, your banking data is only stored during the payment. However, subject to your consent, which is materialized by ticking a box, it may be stored in a secured manner to avoid you having to enter the information again for a future order and thereby facilitate future purchases. In this case, the data will be stored until you withdraw your consent, and/or your credit card expires. The purpose of the automated data processing is to enable the authentication of the persons paying an order and to prevent payment fraud. Non-payments due to fraudulent use of credit cards will result in the registering of contact information relating to your order, in connection with such non-payment, in an internal payment incident file as well as by the service providers. A false declaration or an error may also result in specific processing (particularly for fraud detection purposes).

AMUSEDCO Buying & Selling Terms and Conditions
The terms and conditions set hereunder (“T&Cs”) must be read carefully prior to the sale of pre-owned items by sellers (“Seller(s)") or purchase of the item(s) by buyers (“Buyer(s)”) through AMUSEDCO Account (AMUSEDCO). The following T&Cs are binding together with the Sale/Purchase Contract as they constitute the full agreement between the parties. AMUSEDCO shall enter into separate contracts with both the Buyer and/or Seller.

(A) SELLERS

(1): Description of Service 

  1. The Sellers are responsible for following the procedures set by AMUSEDCO for uploading the item(s) information online (via the form provided on the Account's page).
  2. Acceptance of any price Quotes provided by AMUSEDCO for the item(s) must be communicated to AMUSEDCO within (14) days in order to provide the Sale Contract that shall be duly signed.
  3. If the item(s) is sold, AMUSEDCO will wire the amount within (14) working days to the Seller after deducting the expenses set hereafter.
  4. If the item(s) is not sold within (60) days of its display, AMUSEDCO may provide special offers on the product in order to boost it.

(2): Delivery of Item

  1. The item(s) shall be delivered by the Seller to AMUSEDCO address (which will be provided afterwards) within 5 working days once the contract is signed.
  2. AMUSEDCO may arrange for pickup of the item(s) which would be subject to additional cost.

(3) Payment to AMUSEDCO

  1. Fees

If the item(s) is sold, AMUSEDCO will wire the amount to the Seller within (14 working days) following the receipt of the money from the Buyer, to the Bank account provided by the Seller after deducting a percentage of the sale price as follows:


Commission Fees

35% for item(s) listed below 8,000 SAR + VAT

25% for item(s) listed above 8,000 SAR + VAT

VAT

 

Sellers deciding to withdraw their items before 365 days a 500 Riyal fee will be charged before releasing the item. These fees will cover our marketing and admin services costs. 

  1. The Seller is considered to acknowledge and agree to the pricing guidelines of AMUSEDCO and reduction of prices from the Retail Recommended Price (“RRP”) based on market and international standards:

Condition of the item

% to be discounted from “RRP”

New including box and authentication documents

30%

Brand new without authentication documents

40%

Gently worn with authentication documents

45%

Gently worn with no noticeable scratches

50%

Worn with a few scratches

60%-80%

 

(4): Payment Method

Payments are processed through Bank Transfer.

2.5% will be deducted from the value to cover bank charges.

(5): Limitation of Liability
The Sellers expressly understand and agree that AMUSEDCO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, in accurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the Account or any related services. 

(6): Authenticity

  1. Every item is checked for quality, hygiene and authenticity by AMUSEDCO and its consulting partners to verify authentication. Sellers are contractually obliged to provide genuine item(s) and will face consequences if otherwise.
  2. The Seller guarantees that he/she will provide a full refund to AMUSEDCO (money back) in case the item(s) turns out to be inauthentic for AMUSEDCO to pay the refund to the Buyer.

(7): Indemnity
The Seller agrees to indemnify and hold AMUSEDCO harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to the Seller’s breach of this T&Cs, or violation of any law or the rights of a third party.

(B) BUYERS

(1): Purchase Process

  1. The Buyer, upon viewing the item(s) through the Account, may contact AMUSEDCO through our website
  2. All photos of the item(s) are available on the Account and AMUSEDCO shall disclose all invoices or originality certificates and any further information not described in the Account regarding the item(s) to the Buyer prior to any sale. 
  3. Once AMUSEDCO receives the full amount, the item(s) the ownership of the item(s) will transfer to the Buyer.
  4. AMUSEDCO is responsible for ensuring that the item(s) is delivered to the Buyer free from any defects other than the flaws and defects previously stated and made clear to the Buyer prior to the purchase.

(2): Delivery of Item

  1. The item(s) shall be dispatched to the Buyer by AMUSEDCO within (7) working days once the full payment amount is received. Delivery would be subject to added charge and timing would be dependent on the logistics partner.
  2. The Buyer will be contacted by our logistics partner after AMUSEDCO has received the full amount.

 (3): Purchase Price and Payment

  1. The payments made to AMUSEDCO are final and non-refundable, and prices are standard. For returns; please refer to the FAQ’s for more information.
  2. The item(s) may be subject to seasonal sales or offers upon the discretion of AMUSEDCO, however, any updates regarding sales will be available on the Account and are not exclusive to any of the Buyers.

 (4): Payment Method

AMUSED provides options in our payment options for our clients’ convenience: Credit Card (CC), Mada and Tamara (Saudi Arabia only).

(5): Limitation of Liability

The Buyer expressly understand and agree that AMUSEDCO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, in accurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the Account or any related services. 

(6): Authenticity
AMUSEDCO verifies that it has conducted all necessary procedures to ensure that the item(s) is authentic and free from any non-stated flaws or damages and in case the Buyer proves that the item(s) purchased is unauthentic, they are entitled to a full refund of payment within (14) working days after delivering the item(s) to AMUSEDCO address.

 (7): Indemnity
The Buyer agrees to indemnify and hold AMUSEDCO harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to the Buyer's breach of this T&Cs, or violation of any law or the rights of a third party.

(C) GENERAL

(1): Trademarks

  1. The trademarks, logos and service marks (the ''Marks'') displayed on the Account are the property of AMUSED. Users are prohibited from using any Marks for any purpose without the written permission of AMUSED. All information and content available on or through the Account ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Account for commercial or public purposes.
  2. AMUSED is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of AMUSED.

(2): Force Majeure 

  1. ''Force Majeure Event" means an event beyond the reasonable control of the affected Party including any act of God, disease, war, riot, civil commotion, terrorism, government, malicious damage, accident, fire, flood and storm;
  2.  If a Party is prevented, hindered or delayed from or in performing any of its obligations under the Sale/Purchase Contract (other than a payment obligation) by a Force Majeure Event:
    1. The Party's obligations under the Sale/Purchase Contract are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or delayed;
    2. As soon as reasonably possible after the start of the Force Majeure Event the Party shall notify the other Party in writing of the Force Majeure Event, the date on which the Force Majeure Event started and the effects of the Force Majeure Event on its ability to perform its obligations under the Sale/Purchase Contract;
    3. The Party shall use its reasonable endeavours to mitigate the effects of the Force Majeure Event on the performance of its obligations under the Sale/Purchase Contract; and
    4. As soon as reasonably possible after the end of the Force Majeure Event the Party shall notify the other Party in writing that the Force Majeure Event has ended and resume performance of its obligations under the Sale/Purchase Contract.
    5. If the Force Majeure Event continues unabated for more than two months starting on the day the Force Majeure Event starts, either Party may terminate the Sale/Purchase Contract by giving not less than (15) days' written notice to the other Party.

(3): Confidentiality

  1. "Confidential Information" means all confidential information disclosed (whether in writing, electronically, orally or by another means and whether directly or indirectly) by the one Party to the other, following the date of signing the agreement, including information relating to the products, customers names or info, contacts, operations, processes, price lists, specification, plans or intentions, product information, know-how, design rights, trade secrets, market opportunities or business affairs, of the person making the disclosure or any member of its group or any of its subcontractors, suppliers, customers, clients or other contacts.
  2. Confidential Information may not be used for any purpose other than the performance of obligations under the Sale/Purchase Contract.
  3. Confidential Information may not be disclosed to any person except with prior written consent.
  4. Confidential Information do not include any information known or publicly made available by either Parties prior to or during the Sale/Purchase Contract.
  5. Not conflicting with the above clauses, Confidential Information related to any Party may be disclosed to the relevant authority in accordance with the law if the either Party was proven to willingly sell forged or stolen items.

(4): Third Party Rights A person who is not a party to the Sale/Purchase Contract has no right to enforce any provision of the contracts. 

(5): Governing Law and Jurisdiction

  1. This T&Cs and all matters arising from or connected with it are governed by the laws of the KSA.
  2. The competent court or judicial committee of KSA shall have exclusive jurisdiction to settle any dispute arising from or connected with this T&Cs.