Green Drive Arabia Co. (BYD Saudi Arabia) E-Commerce Terms and Conditions
Green Drive Arabia Co. (the "Company") — a company incorporated and registered in the Kingdom of Saudi Arabia — operates this website and its related affiliated websites, platforms and applications, including all information, communications, software, scripts, images, videos, graphics, sounds, materials and services made available on the website (the "Content"), which are provided solely for the lawful purposes set out in these Terms.
Please read these terms and conditions (the "Website Terms") carefully before using the website. Your access to, browsing of, or use of the website constitutes express acceptance of, and agreement to be bound by, these Terms. If you do not agree to any part of them, you must not use the website.
1. Definitions
Unless the context requires otherwise, the following terms shall have the meanings set out below:
- "Company": Green Drive Arabia Co., its personnel, subsidiaries and affiliates.
- "User/Customer/You": any natural or legal person who accesses or uses the website or makes a booking or order through it.
- "Vehicles or Products": the vehicles, spare parts, accessories and services offered on the website.
- "Vehicle Sale Agreement": the written contract signed by the Customer and the Company's authorized representative at the branch, governing the sale of the vehicle, and including the connected Sale Terms and Conditions.
- "Sale Terms and Conditions": the terms and conditions connected to and supplementing the Vehicle Sale Agreement, delivered and signed at the branch.
- "Manufacturer Warranty Policy": the approved warranty policy applicable to the vehicle, set out in a separate document.
- "Applicable Laws": the laws, regulations and instructions in force in the Kingdom, including the e-commerce, consumer protection and personal data protection laws and their implementing regulations.
2. Acceptance of Terms and Legal Capacity
By using the website you acknowledge and agree to be bound by the Website Terms and all Applicable Laws. Use of the website is restricted to persons who have full legal capacity to enter into binding contracts.
- The website may not be used by any person whose registration has been suspended or terminated by the Company for any reason.
- You confirm that you have the legal authority to accept these Terms on your own behalf or on behalf of any party you represent, and that you are duly authorized to do so.
- Persons accessing the website from outside the Kingdom are responsible, at their own risk, for compliance with the local laws applicable to them.
3. Nature of the Offer and Electronic Booking
All Vehicles or Products displayed on the website constitute an "invitation to treat" and do not constitute a binding offer to sell by the Company.
- An electronic booking and payment of a deposit through the website represent a preliminary reservation and an expression of interest only, and do not create any obligation on the Company to complete the sale or to ensure availability of the Vehicle or Product.
- The Company is entitled — at its discretion and without breaching Applicable Laws — to decline or not complete any sale for any lawful reason, including unavailability, pricing errors, or failure to meet contracting requirements, with a full refund of the deposit without any interest and without any further liability on the Company.
- Following up on the booking requires visiting the selected branch within the Kingdom within three (3) days of the order date to confirm the details of the reserved Vehicle or Product.
4. Conclusion of Sale and the Vehicle Sale Agreement
No contract of sale shall be concluded, and no obligation to sell the Vehicle or Product shall arise on the Company, until both parties — the Customer and the Company's authorized representative — have signed a "Vehicle Sale Agreement" at the branch.
- Neither the electronic booking, nor payment of the deposit, nor any pre-signature correspondence shall constitute conclusion of, or an obligation to complete, the sale by the Company.
- The signed Vehicle Sale Agreement, together with the connected and supplementing Sale Terms and Conditions, constitute the governing basis for the sale.
- In the event of any conflict between the Website Terms on the one hand, and the signed Vehicle Sale Agreement and Sale Terms and Conditions on the other hand, the Vehicle Sale Agreement and Sale Terms and Conditions shall prevail in respect of the sale of the Vehicle or Product.
- The Sale Terms and Conditions are delivered and signed at the branch as an integral part of the Vehicle Sale Agreement, while the Website Terms remain limited to governing use of the website and electronic booking.
5. Deposit and Refunds
- All displayed prices are inclusive of Value Added Tax (the "Tax") unless otherwise stated.
- The booking deposit remains valid for three (3) days and is refunded to the original payment method without any interest if the order is not confirmed within that period.
- If, upon physical inspection, the Vehicle or Product does not match your requirements at the time of booking, the deposit is refunded without any interest.
- The Company processes refunds within 14 business days from the date the refund becomes due, with the actual credit subject to the procedures of the card issuer/bank.
Nothing in this clause shall prejudice any mandatory consumer rights established under the Applicable Laws in the Kingdom.
6. Pricing and Payment
- The Company reserves the right — at its discretion and without breaching Applicable Laws — to limit the quantities available for purchase per person, household or order; such limits may apply to orders placed from the same account, card, or billing/shipping address.
- The Company is not liable for typographical or unintended pricing errors. Where an incorrect price or information is listed, the Company may decline or cancel the order and refund any amounts paid in full, without any further liability.
- All transactions are conducted in Saudi Riyals unless otherwise stated, and you agree to pay the full amount due and any charges associated with the order.
- When using a card issued by a bank outside the Kingdom, the amount shown on the statement may differ due to exchange rates and charges imposed by the issuer, for which the Company is not liable.
- The Company collects VAT at the applicable statutory rate and provides you with the documents required under the tax legislation.
7. Warranty
Vehicles are subject to the terms and conditions of the approved Manufacturer Warranty Policy, set out in a separate document, and administered through the approved service channels in accordance with that policy.
- The scope, duration and exclusions of the warranty are limited to what is stated in the Manufacturer Warranty Policy, which is the reference for determining warranty-related rights and obligations.
- The commercial warranty provided under the Manufacturer Warranty Policy does not prejudice the mandatory statutory rights of the consumer under the Applicable Laws in the Kingdom.
8. Intellectual Property and Restrictions on Use of Content
The Company (or its licensors) retains all intellectual property rights in the Content, which is protected within the Kingdom and internationally under the Applicable Laws.
- You are granted a limited, non-exclusive, non-transferable and revocable personal license to access the Content solely to browse the website or order Vehicles/Products.
- The Content may not be copied, modified, distributed, published, used to create derivative works, or commercially exploited without the Company's prior written consent.
- The Company reserves all rights not expressly granted under these Terms.
9. User Content
The website may allow the posting of reviews, comments, suggestions or information ("User Content"). You are solely responsible for it and warrant that it is original and does not infringe the rights of others or the Applicable Laws.
By submitting User Content, you grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable and sub-licensable license to use, copy, modify, publish, translate, create derivative works from, and distribute it, without recourse to you, and you waive any moral rights to the extent permitted by law. This license does not extend to personal data, which is processed solely in accordance with the Privacy clause below.
- The Company is not obliged to keep any User Content confidential, to pay any consideration for it, or to respond to it.
- The Company reserves the right, without obligation, to monitor, edit or remove User Content at its discretion.
- You remain responsible for User Content and agree to indemnify the Company against any claims arising from it.
10. Trademarks
- The trademarks and the names and logos of Vehicles and Products are owned by the Company, its affiliates, suppliers or partners, and are registered or unregistered within the Kingdom and/or elsewhere.
- Nothing shall be construed as granting — by implication, estoppel or otherwise — any right to use any trademark without the written permission of its owner.
- Use of the trademarks in advertising, promotion or distribution is prohibited without the Company's prior written consent.
11. Privacy and Personal Data Protection
The Company, as data controller, is committed to collecting, processing, storing, transferring and sharing your personal data in accordance with the Personal Data Protection Law, its implementing regulation and the Applicable Laws.
Purpose of processing: vehicle sale and purchase transactions, test drives, bookings, after-sales services, warranty administration, roadside assistance, customer support, account management, service reminders, regulatory compliance, fraud prevention, and improvement of products, services and customer experience.
Data sharing: your data may be shared within the Company's group, with related entities, and with approved service providers and partners acting on its behalf, to the extent necessary for operational, compliance or service-improvement purposes, with the necessary statutory safeguards.
Legal basis, minimization and retention: your data is collected on a lawful basis (consent, performance of contract, legal obligation or legitimate interest), limited to the minimum necessary, retained only for the required period and then destroyed in accordance with the law.
Cross-border transfer: any transfer takes place in accordance with the regulation on transferring personal data outside the Kingdom and the controls issued by the competent authority.
Your rights: to be informed of the basis and purpose of processing; to access your data; to request its correction or updating; to request its destruction when no longer needed; and to withdraw consent at any time, without retroactive effect on prior processing or on processing necessary for the performance of the contract or a legal obligation. You may exercise your rights through the approved customer service channels within the Kingdom or the data protection email published on the website.
The Company exercises reasonable care to secure data using industry-standard methods, without an absolute guarantee of the security of any data transmitted over the internet, to the extent permitted by law.
12. Prohibited Conduct
You are prohibited from posting or transmitting any unlawful, threatening, defamatory material, or material contrary to public morals or the Applicable Laws. You agree to the following:
- Not to upload or distribute files containing viruses or harmful software.
- Not to interfere with or disrupt the website or the networks connected to it.
- Not to collect or export personal or financial information about other users.
- Not to use the website, the services or the Vehicles connected to it for any unlawful purpose.
- To comply with all rules and policies of the networks connected to the website.
13. Third-Party Links and Websites
The website may contain links to third-party websites or services not under the Company's control. The Company assumes no responsibility for their content, policies or availability, and your use of them is at your own risk.
14. Disclaimer of Warranties (Content)
The website Content is provided "as is" and "as available" without any express or implied warranties as to its correctness, accuracy, reliability or uninterrupted operation. To the maximum extent permitted by law, the Company disclaims all warranties relating to the website Content.
This disclaimer is limited to the website Content and its use, and does not prejudice the statutory or contractual warranties applicable to Vehicles and Products under the Vehicle Sale Agreement, the Manufacturer Warranty Policy and the Applicable Laws.
15. Limitation of Liability
To the maximum extent permitted by law, neither the Company, its personnel nor its affiliates shall be liable for any indirect, consequential or incidental damages, or for any loss of profit, data or reputation, arising from your use of, or inability to use, the website.
In all cases, the Company's aggregate liability arising from use of the website shall not exceed the amount actually paid for the transaction in dispute, if any.
Nothing shall be construed as excluding or limiting any liability that may not be excluded under the Applicable Laws.
16. Indemnification
You agree to indemnify the Company, its affiliates and personnel against any claims, losses, damages or costs, including reasonable legal fees, arising from your breach of these Terms, the Applicable Laws or the rights of others, or from the User Content you submit.
17. Force Majeure
The Company shall not be liable for any delay or failure resulting from causes beyond its reasonable control, including natural disasters, epidemics, interruption of communications or power, technical failures, government decisions, or supply-chain disruptions.
18. Amendment, Suspension and Termination
- The Company may amend the Website Terms at any time by publishing the updated version, and your continued use constitutes acceptance of the amendments.
- The Company reserves the right to suspend or terminate your access to the website, or remove any infringing content, at its discretion and without breaching the Applicable Laws.
- You are solely responsible for maintaining the confidentiality of your account details and password, and the Company bears no loss arising from your failure to protect them.
19. General Provisions
- Order of precedence: in the event of any conflict, the signed Vehicle Sale Agreement and its connected Sale Terms and Conditions prevail in respect of the sale, and the Website Terms govern use of the website and electronic booking.
- Severability: if any clause is void, the remaining clauses remain in force, and the ineffective clause is replaced by the closest lawful clause achieving the same purpose.
- No waiver: the Company's forbearance or delay in exercising any right shall not be deemed a waiver of it.
- Assignment: the Company may assign or transfer its rights and obligations to third parties without your consent; you may not do so without the Company's prior written consent.
- Language: these Terms are drawn up in Arabic and English; in the event of any conflict in interpretation, the Arabic text prevails.
20. Governing Law and Dispute Resolution
These Terms and the relationship between you and the Company are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. The parties shall first seek to settle any dispute amicably, and failing that, the competent judicial authorities in the Kingdom shall have exclusive jurisdiction, without prejudice to the jurisdiction of the committees established under the Applicable Laws for consumer, e-commerce or personal data protection disputes.