The following is the terms of the agreement between Fins & Flash (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

Setup & Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

Editing, Deleting, & Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

Non-Transferable

Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

Disclaimer

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) UNLESS A SPECIFIC MANUFACTURER’S WARRANTY HAS BEEN CLEARLY PROVIDED IN THE PRODUCT DESCRIPTION. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

Delivery of Parcels/Shipping

We will ship your parcel to the delivery address you indicated in the Personal Details form. On our website, more specifically in your shopping basket, the exact shipping cost will be indicated before you finalize your order. If an item is listed on our website as “In Stock” the time between the process of placing your order and the date when the courier delivers your parcel to the determined delivery address, is bound to 2 factors: 1. The shipping time (1 to 7 working days): validation of your payment + preparation of your order + reception of your parcel by the courier service agent. 2. The time of delivery by the courier service agent. You will be informed from the beginning of this process; from the moment you receive an e-mail confirmation about your order being dispatched. 3. All processes are indicated in working days. 4. Your parcel will be prepared for shipment once your payment is processed and received correctly. 5. Your parcel will be shipped using one of the following options you can choose: The client is bound to be, either him/herself or any other designated person at the delivery address. In the case of absence of the receiver, the courier will insist with several delivery attempts. If after these attempts the delivery is still unsuccessful, the parcel will be sent back to sender. After receiving the parcel, we will process a refund of the amount paid for the items. The shipping costs will be at the client’s expense.

Customs Fees & Taxes

We are located in the Kingdom of Saudi Arabia. That means all orders within the Kingdom are subject to VAT (15%).  Shipments outside Saudi Arabia are dealt with as per the local tax scheme of country of delivery. We only charge you for the purchased product(s) + shipping fees, and the amount is visible on the checkout page when you will place the order. All other fees like customs fees, etc., we are not liable for, please check by contacting your closest customs administration office or your closest courier office. If you are outside the Kingdom, you may be charged for import tax, duty and broker’s fees (calculated in your local currency). You have the option to pay broker’s fee via courier or refuse and settle with customs directly to avoid the processing fees. Duty and import taxes are unavoidable and the amounts charged are at the sole discretion of the Country being shipped to.

Secure Payment

Fins & Flash offers 2 methods of payment and other local payment methods.

Credit/Debit card:

We accept Mada, Visa, MasterCard, Maestro and American Express. Your Credit/Debit card will be charged at the time of placing your order through our secured payment gateway: Checkout. For online payment made by credit card, the “Secure Socket Layer” (SSL) security system is used, which allows for encrypting your banking information when on the network.

PayPal:

You can pay quickly and securely with your PayPal account or your debit/credit card without sharing your financial information with Fins & Flash. PayPal uses the latest in data encryption and anti-fraud technology to help keep your information secure, reducing the risk of online fraud.

Cash on Delivery:

At the sole descretion of Fins & Flash, we accept Cash on Delivery payment method for customers of non or good purchase history.  Payment is received at your doorstep during product delivery.

Direct Bank Transfer:

You may also choose to choose this payment method to transfer the total amount of your purchased product(s), including all shipping andf tax expenses to our bank account as per the details in our checkout page.  Your order will only be processed upon full payment receipt.

Invoicing

Customers are informed of any purchase via email to the mandatory email address given on checkout section of the order.

Refund Policy

If a product purchased is defective or is not to Buyer’s satisfaction, Buyer can return the product in its original condition within Fifteen (15) days of receipt, to the our following address:

Fins & Flash
7468 Al Yaqoot District
Obhur Al-Shamaliyah, Jeddah 23824-4495
Kingdom of Saudi Arabia
Mobile: +966 56 642 6464

In such event, Company shall provide Buyer a choice to get direct refund to Buyers credit card or bank account or a credit for other purchases from the Site (less shipping and handling charges incurred). Refund will be issued within 48 hours.

Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

Governing Law

This Contract shall be treated as though it were executed and performed in the Kingdom of Saudi Arabia and shall be governed by and construed in accordance with the laws of Saudi Arabia (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within Three (3) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the disclaimer section. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

Litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in the Kingdom of Saudi Arabia and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Achnowledgement

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button whenever you are asked to do so. If you do not agree to the terms of the Subscriber Agreement, please log off the system amd do not use our online service. You agree to the terms set forth herein by using this website or purchasing an order hereon. Any legal questions can be made to: customerservice@finsandflash.com