Limitations and Disclaimer of Liability

1. Scope of the General Disclaimer:

The store provides the electronic platform, its services, and its digital products “as is” and “as available”, without any representations or warranties, whether express or implied, of any kind, whether relating to performance quality, continuity of service, freedom from errors, viruses, or interruptions, or conformity with the user’s expectations or particular needs. The user acknowledges that their use of the website, or their reliance on its content or services, is entirely at their own risk.

2. Services Provided by Third Parties

Some of the services or functions provided through the platform — including but not limited to hosting services, electronic payment processing, distribution networks, and messaging and notification services — are carried out through external providers (third parties) whose management or operation is not under the store’s control.

The store bears no liability for any malfunction, failure, interruption, or delay in the provision of these services by any third party, nor is it obliged to provide any compensation for damages or losses — whether direct, indirect, or consequential — arising therefrom, provided it is established that the store exercised reasonable care in selecting these providers, monitoring them, and escalating reports to them.

3. Maximum Limits of Liability

In all cases, the store shall not bear any obligations or compensation exceeding the actual value of the product or service purchased. Its liability shall not extend to loss of profits, loss of data, loss of commercial reputation, or any consequential or indirect damages, to the maximum extent permitted by law under the provisions of the relevant Saudi legislation.

4. Exclusion of Gross Error or Wilful Negligence

This disclaimer does not exempt the store from liability for any damage that is conclusively proven to result from gross error or wilful negligence on its part or on the part of its legal representatives. In such a case, any compensation due shall be limited to the minimum determined by the competent judicial authorities in accordance with the law.

5. Express Consent of the User

The user’s access to the website, browsing it, completing a purchase, or registering for any of its services shall be deemed express consent to all the provisions of this clause and to the statutory limits of liability contained therein, and confirmation of their prior knowledge of its content.

6. Correction of Unintentional Errors

Subject to the provisions of Article (4/3) of the Implementing Regulations of the E-Commerce Law, the store reserves the right to correct any unintentional error appearing in the electronic communication addressed to the consumer, whether relating to the price of the product, its description, its availability, or any other data, immediately upon discovering the error and before shipping the product or commencing performance of the service.

The store undertakes to notify the consumer of the error as soon as it becomes aware of it, together with the two options available to them, namely:

     (1) Continuing performance of the contract after correction; or

     (2) Terminating the contract and recovering the amount paid together with all costs arising from the error.

External Service Providers and Limits of Liability

Definition and Scope

For the purposes of this clause, “external service providers” means any natural or legal persons not affiliated with the Ironmesmar store who provide services, infrastructure, platforms, or technical, logistical, or financial solutions that facilitate or support the operation of the website or the fulfilment of orders, including without limitation: server and hosting providers, electronic payment gateways and platforms, providers of shipping, transport, and customs clearance services, providers of email and SMS services, and providers of application programming interfaces (APIs) and other third-party services.

Nature of the Relationship

Third-party services are provided independently of the store. The store is not their representative and does not control their operating policies, internal procedures, or infrastructure.

Availability Constraints and Failures

The user expressly agrees that any service interruption, slowdown, errors, operational restrictions, delay, refusal of transactions, or suspension arising from a third-party provider is beyond the store’s direct control. Notwithstanding the store’s commitment to taking such reasonable measures as it deems appropriate to minimise the impact, the store does not guarantee continuous availability or complete freedom from failures associated with third parties.

The Store’s Obligations Towards Third Parties

The store undertakes to:

1. Select licensed service providers that comply with the relevant statutory requirements (particularly with regard to payment services and data hosting).
2. Conclude written agreements with certain third-party providers containing reasonable quality terms, security requirements, confidentiality and data protection obligations, and incident response regulations at the third party, insofar as it is able to do so.

Duty of Reasonable Care and Escalation

In the event of a malfunction or interruption caused by a third-party provider, the store undertakes to:

1. Take initial reasonable care measures (reviewing logs, compatible restarts, verifying connection settings, initial technical communication).
2. Notify the relevant third party immediately and escalate the case through the escalation channels agreed in the third-party agreements or through the available communication channels.
3. Follow up the case with the third party until service is restored or a temporary solution is reached, and document escalation efforts and the actions taken.
4. Inform the affected user of the impact of the interruption or malfunction at the earliest practical opportunity and in a reasonable manner (notification via the registered email address or a notice within the website), setting out the nature of the malfunction, the procedures followed, and the estimated recovery period where possible.

Limits of Liability for Third-Party Failures

Some of the website’s services rely on third parties to provide or operate parts of the service, such as hosting service providers, electronic payment processing companies, distribution networks, and providers of telecommunications or other technical services.

The user acknowledges and understands that the performance of these entities, which are outside the store’s control, may be affected by technical, operational, or regulatory factors that the store cannot control or guarantee.

Accordingly, the store bears no direct or indirect, compensatory or consequential liability for any interruption, malfunction, delay, or deficiency in the service resulting from the acts, omissions, or failures of external service providers, including — by way of example and not limitation — loss of profits, data, or reputation, any additional operating costs, refusal of payment transactions, or temporary or permanent cessation of service.

The store nevertheless undertakes to exercise reasonable care and make the necessary efforts to communicate with and escalate matters to those entities in order to minimise the impact of the interruption or malfunction as far as possible.

This disclaimer of liability shall be effective to the fullest extent permitted by Saudi law, without being construed as an exemption from liability for any fraud, gross negligence, or breach of public order.

Data Protection and Cloud Service Providers

When sharing any personal data with a third-party service provider (such as payment gateways or hosting providers), the store undertakes to ensure that appropriate data processing contracts are in place with the provider, obliging the third party to comply with the requirements of the Personal Data Protection Law and to follow appropriate security standards, while maintaining the store’s full legal liability towards the user for any breach shown to result from intent or gross negligence on the part of the store itself.

Waiver and Indemnification

The user undertakes not to bring any claim or legal action against the store on account of the failure or shortcoming of a third party, and shall indemnify the store for any losses or claims arising as a result of their misuse of third-party services or as a result of their breach of the third party’s terms of use or of their statutory obligations — to the extent permitted by law. This clause does not extinguish the user’s statutory rights that may not be waived.

Subcontracting and Disclosure

The store may engage subcontractors of its partners to perform third-party services. The store bears no liability for any act or breach committed by a subcontractor, provided that the store selected that provider in accordance with reasonable criteria and within standard contracting and review procedures.

Preventive Measures and Business Continuity

The store makes efforts to implement business continuity and disaster recovery policies that include: periodic backups, data recovery policies, failover mechanisms to an alternative provider where possible, and technical emergency procedures. Nevertheless, immediate restoration of service cannot be guaranteed, nor can the impossibility of data loss resulting from an external cause or an advanced breach.

User Notification and Rights

The user shall be granted — where sufficient information is available — the ability to request information about the cause of the interruption and the steps the store took to address it. The store reserves the right to disclose the necessary technical information in a manner that does not violate the confidentiality or policies of the third party or endanger the security of the infrastructure.

Brief Informational Notice to the User at the Purchase Interface

The store undertakes to display a brief and clear notice to the user at the payment interface or the checkout page, stating that certain services or transactions (such as payment processing or delivery fulfilment) are provided by third parties, and that the availability or accuracy of these services may be affected by factors beyond the store’s control. The notice shall include a direct link to the full text of the legal clause relating to external service providers contained in these terms. The user’s completion of the purchase shall be deemed express consent to their awareness of this information.

Force Majeure and Exemption from Liability

Concept of Force Majeure

For the purposes of this agreement, force majeure shall mean any exceptional event or circumstance beyond the store’s reasonable control that prevents it from performing its obligations or delays its performance in whole or in part, whether due to natural, technical, regulatory, legislative, or security events, including by way of example and not limitation:

• Natural disasters (such as earthquakes, storms, floods, fires, hurricanes, drought, epidemics, and pandemics).
• Acts of war or hostility, terrorism, insurrection, security disturbances, government decisions, or states of national emergency.
• Interruption or disruption of internet services, hosting providers, communication networks, or electronic payment systems.
• Major technical failures, cyberattacks, malicious software, security breaches, or the failure of central systems or databases.
• Labour strikes, disputes, or judicial decisions affecting the course of business.

Effects of the Occurrence of Force Majeure

In the event of any of these occurrences, the store shall be exempt from any obligations, liabilities, or compensation arising from the delay or non-performance of obligations resulting from force majeure, provided that the event is beyond the store’s actual control.

Time limits and obligations shall be suspended for the duration of the event, and performance shall resume as soon as the cause has ceased, without any obligation to compensate the user for any direct, indirect, or potential damage or loss.

User Notification

The store undertakes — as far as possible and according to available means — to notify users via the registered email address or via a notice on the website upon the occurrence of an anticipated force majeure event or when services are disrupted, indicating the nature of the event and the approximate duration of the downtime where possible.

Limits on the Continuation of Force Majeure

If the event continues for a period exceeding sixty (60) consecutive days and results in permanent impossibility of performing the obligations, the store may terminate or suspend the service without any obligation to provide compensation. Such termination shall be deemed lawful and legitimate under the provisions of the Implementing Regulations of the E-Commerce Law relating to force majeure circumstances that prevent the continued provision of the service.

Cases Not Considered Force Majeure

Minor malfunctions, misuse of the service by the user, failure of the user’s personal devices or software, or delays in internet connection resulting from the user’s own service provider shall not be considered force majeure.

Full Exemption from Claims

The user acknowledges that force majeure exempts the store from any civil, statutory, or financial liability towards any damage resulting from the cessation of services or their temporary or permanent disruption, and that the store bears no compensatory obligations in such cases, whether directly or indirectly.

Scheduled and Emergency Maintenance Clause

The Store’s Right to Manage System Continuity

The store retains its full and absolute right to carry out technical maintenance work, security updates, or development work on the website’s systems, servers, or databases at any time it deems necessary to ensure the efficiency, stability, and security of the service, whether such maintenance is pre-scheduled, emergency, corrective, or improvement-related.

Scheduled Maintenance

The store, in its concern to improve service quality and ensure the stability of its systems, carries out scheduled maintenance work during pre-determined periods announced via the website, email, or the store’s official channels. Such work may result in a temporary interruption or slowdown in the website’s performance, or the temporary cessation of certain electronic services.

The store undertakes to exercise the utmost degree of reasonable care to complete maintenance and restore service as quickly as possible, without this entailing any obligation to compensate the user for any direct or indirect damage, or loss of profits, data, commercial opportunities, or potential benefit, whether during, because of, or after the maintenance.

The user expressly acknowledges that such work is necessary and lawful, and that the store bears no financial, legal, contractual, or tortious liability arising from the cessation or slowdown of the service during scheduled maintenance periods or any related technical updates, in reliance on the Implementing Regulations of the Saudi E-Commerce Law, which permit the service provider to temporarily suspend or restrict services for technical, security, or operational reasons where necessary.

Emergency Maintenance

In the event of a technical malfunction or security threat requiring immediate intervention, the store has the right to carry out emergency maintenance work without prior notice if delay could lead to the aggravation of the damage, loss of data, or compromise of system security.

The store undertakes — whenever possible — to inform users immediately after emergency maintenance begins, and to explain the reason for the downtime and the expected duration of remediation.

No Guarantee of Permanent Availability

The user acknowledges that the continuous and uninterrupted availability of the service is not fully guaranteed, given the nature of the technical infrastructure and its dependence on multiple factors beyond the store’s control, such as service providers, server capacity, network fluctuations, or sudden security failures.

Accordingly, the store bears no liability for any temporary interruption, delay, or data loss resulting from maintenance work, unexpected failures, or system updates.

Limitation of Compensation and Liability

The user is not entitled to claim any compensation, refund of amounts, or discounts on account of the interruption or slowdown of the service during scheduled or emergency maintenance, or because of the implementation of necessary technical updates. The user’s continued use of the service after operation is restored shall be deemed express acceptance of the amended or updated terms of service

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User Obligations During Maintenance

The user undertakes not to attempt to access the systems or bypass suspension or update notices during maintenance periods, and is prohibited from carrying out any electronic activity that could affect the stability of the service while maintenance or update work is being performed.