Installer Partnership Terms & Conditions | Star Wheeler

General

Star Wheeler LLC markets and distributes tyres, automobile accessories online, through the “starwheeler.com” domain. Using a portal (hereafter referred to as “portal”) integrated on the “starwheeler.com” domain, customers can view automobile and tyre installation stations, which may or may not belong to Star Wheeler LLC, and offer an installation service for tyres and other goods purchased from Star Wheeler LLC domain, as well as offering other automobile-related services at certain prices (hereafter referred to as “installation partner”). These cooperation conditions form the legal basis for the cooperation between Star Wheeler LLC and the installation partner.

Basis of this cooperation

Only automobile companies or tyre  & automobile parts installation stations with an installation area and requisite equipment may be installation partners.  There is no automatic right to become an installation partner of Star Wheeler LLC, as a matter of principle.  The registration as an installation partner of Star Wheeler LLC on the portal represents an offer to Star Wheeler LLC to conclude a cooperation agreement on the basis of these cooperation conditions. Star Wheeler LLC may accept this offer. The installation partner receives written confirmation that the offer has been confirmed. Otherwise, the offer is regarded as having been declined.

The installation partner cannot claim to any exclusivity as an installation partner of Star Wheeler LLC in any geography. In this respect, Star Wheeler LLC reserves the right to appoint multiple installation partners in the same geography, display these to Star Wheeler customers on the portal.

Details of the cooperation between Star Wheeler LLC and the installation partner

On the portal starwheeler.com, our potential customers are able to view the installation partners in a certain geography, as selected by the customer. The naming of the individual installation partners includes their name, address and contact details, as well as the services provided by the respective installation partner within the cooperation with Star Wheeler LLC and their respective prices.

If a customer purchases tyres or other goods via starwheeler.com, and wishes the tyres or any other goods to be fitted at the installation partner, the installation partner is informed by E-mail as well as SMS. The installation partner can then agree an installation appointment directly with the customer or Star Wheeler LLC may facilitate in the process of setting up the appointment. If desired by the customer, the tyres or other goods are sent directly to the installation partner. The installation partner receives the tyres or other goods ordered by the customer from Star Wheeler LLC, and stores them properly until they are ready to be fitted. The installation partner is entirely liable for damage to or loss of tyres or goods stored by the installation partner. The packaging material included with the delivery must be retained by the installation partner until the goods have been transferred to the customer without any defects, or, in the case of a complaint, the goods are collected from the installation partner by Star Wheeler LLC or their representative. Any costs incurred by the installation partner (storage, repackaging, etc.) are not reimbursed by Star Wheeler LLC. The costs are to be borne by the installation partner.

The installation partner is obliged to perform the installation partner services specified on the portal at the prices specified on the portal, for customers purchasing tyres or other goods online from starwheeler.com.  The contract for the provision of services is concluded exclusively between the installation partner and the customer.

The cooperation between the Star Wheeler LLC and the installation partner is free of charge. However, Star Wheeler LLC will pay the installation partner for the mutually agreed charges on installation of
tyres, including mounting and balancing.  These payments will be made once a month and will include amounts for all the Star Wheeler LLC customers served by the installation partner during the preceding 1 month period.

The installation partner receives access to a password-protected area of the portal, in which the installation partner can provide specific details of its installation service, as well as the services it provides within the framework of the cooperation with Star Wheeler LLC and the prices of these services. The installation partner guarantees that all details provided there are applicable and correct and, in particular, that it is able to perform the services specified there. Customers of Star Wheeler LLC receive these details via the portal.

In case of any changes, the installation partner is obliged to immediately update the original prices, which he defined in the password-protected area of the portal. The same obligation applies to the installation partner for all other details, which it defined in the password-protected area and are no longer applicable.

The installation partner is obliged to observe the confidentiality of all customer details, access data and passwords for the portal with regard third persons, and will immediately change all passwords if he believes that unauthorized third parties have acquired knowledge of the access data or passwords. In case of a loss of customer details or access data, or if unauthorized third parties have acquired knowledge of this information, the installation partner will inform Star Wheeler LLC immediately.

Term of this contract

The cooperation between Star Wheeler LLC and the installation partner runs for an indefinite time.  The cooperation can be terminated at any time by the installation partner, with a period of notice of 6 weeks. The right to an extraordinary termination for cause remains unaffected by this.  The cooperation can be terminated immediately at any time by Star Wheeler LLC, without having to specify reasons.  The termination must be in written form.

Liability

Star Wheeler LLC is not liable towards any damages arising out of death, injury to body or health relating to a breach of duty by Star Wheeler LLC, a legal representative of Star Wheeler LLC or assistants of Star Wheeler LLC, as well as for damages arising from the deficiency of a property guaranteed by Star Wheeler LLC.

Star Wheeler LLC is not liable towards any damages arising from intentional or gross negligence on the part of Star Wheeler LLC or one of its legal representatives or assistants.

Changing cooperation conditions

Changes to these cooperation conditions are agreed by means of a proposal from Star Wheeler LLC and an acceptance by the installation partner. The proposal from Star Wheeler LLC is made via a written communication of the changes to the content. If the installation partner does not reject this proposal, or does not reject it correctly and within the time limit of 2 weeks, the proposal is regarded as having been accepted. In this case, the respective changes become valid 2 weeks after receipt of the proposal. If, however, the installation partner rejects the proposal within the time limit, then these cooperation conditions are immediately regarded as the current conditions, without amendment.

Further items

We are based in the United Arab Emirates and law of the UAE shall govern any interpretation of these terms and conditions.  Should one or more conditions in these cooperation conditions be invalid or become invalid, the validity of the remaining regulations remains unaffected.  The installation partner cannot transfer the rights and obligations specified in these cooperation conditions to third parties, on either a permanent or temporary basis, without first attaining the written consent of Star Wheeler LLC. The installation partner is forbidden to use the registered trademark “starwheeler.com” in any form without the written consent
of Star Wheeler LLC.  The application of the general business conditions of the installation partner is excluded.