‘Star Wheeler’ means Star Wheeler LLC, a company incorporated in Sharjah Media City – Free Zone Authority, Sharjah, UAE with license number 1700883.01 in respect of the creation of Sharjah Media City – Free Zone Authority amended by Emiri Decree No. (11) for the year 2017.
‘Star Wheeler Site’ means the website published by Pitstop Arabia FZCO on the World Wide Web of the Internet with the uniform resource locater http://www.starwheeler.com
‘Conditions’ means these terms and conditions for website sale of products and their installation services;
‘Contract’ means the contract for the purchase and sale of the Goods as established and demonstrated by the Customer’s Order and the Order Confirmation
‘Customer’ means the person whose offer for the Goods is accepted by Star Wheeler
‘Customer’s Order’ means an order from the Customer submitted to Star Wheeler through the Star Wheeler Site by completion of the ordering process set out therein through submission of forms and following a series of hypertext links as directed on the Star Wheeler Site
‘Sale’ means the service provided by Star Wheeler for the sale of products & services to Customers via the Star Wheeler Site and the subsequent arranging of installation of such products to Customers’ vehicles using third party service providers
‘Goods’ means the products (including any installation of the products or any parts for them) or services which Star Wheeler is to supply in accordance with these Conditions
‘Order Confirmation’ means confirmation in Writing by Star Wheeler of acceptance of the Customer’s Order issued prior to supply of the Goods to the Customer
‘Writing’ includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
‘Force Majeure’ means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of Star Wheeler or of a third-party), difficulties in obtaining raw materials, labor, fuel, parts or machinery or power failure or breakdown in machinery;
1. BASIS OF THE SALE
1.1.Â Â Star Wheeler shall sell and the Customer shall purchase the Goods in accordance with the Customer’s Order and Order Confirmation, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such offer is made or purported to be made by the Customer.
1.2.Â Â The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the Star Wheeler Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Star Wheeler to sell any item to the Customer.
1.3.Â Â No variation to these Conditions shall be binding unless agreed in Writing between authorized representatives of the Customer and Star Wheeler.
1.4.Â Â Star Wheeler’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by Star Wheeler in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
1.5.Â Â Any advice or recommendation given by Star Wheeler or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by pitstoparabia.com is followed or acted upon entirely at the Customer’s own risk, and accordingly Star Wheeler shall not be liable for any such advice or recommendation which is
not so confirmed.
1.6.Â Â Whilst every effort is made by Star Wheeler to ensure no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by Star Wheeler shall be subject to correction without any liability on the part of Star Wheeler.
2. OFFERS AND SPECIFICATIONS
2.1.Â Â The Customer’s Order shall not be deemed to be accepted by Star Wheeler unless and until the Order Confirmation has been issued to the Customer.
2.2.Â Â The Customer shall be responsible to Star Wheeler for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving Star Wheeler any necessary information relating to the Goods within a sufficient time to enable Star Wheeler to perform the Contract in accordance with its terms.Â Star Wheeler shall incur no liability resulting from inaccurate information being supplied by the Customer.
2.3.Â Â The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
2.4.Â Â Star Wheeler reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of Star Wheeler.
2.5.Â Â The Customer’s Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of Star Wheeler and on terms that the Customer shall indemnify Star Wheeler in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by Star Wheeler as a result of cancellation by the Customer of the Customer’s order.
3. PRICE OF THE GOODS
3.1.Â Â The price of the Goods shall be the price specified by Star Wheeler in the Order Confirmation,Â or, where no price is quoted in the Order Confirmation, the price listed in Star Wheeler’s price list or website text on the Star Wheeler Site current at the date and time of the Order Confirmation.
3.2.Â Â Star Wheeler reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:
3.2.1. Any increase in the cost to Star Wheeler which is due to any factor beyond the control of Star Wheeler (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture),
3.2.2. Any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
3.2.3. Any delay caused by any instructions of the Customer or failure of the Customer to give Star Wheeler adequate information or instructions.
4. TERMS OF PAYMENT
4.1.Â Â Subject to any special terms agreed in Writing between the Customer and Star Wheeler, Star Wheeler shall be entitled to payment in full for the price of the Goods on the date of the Customer’s Order.Â Star Wheeler shall debit the Customer’s credit/debit card with payment in full for the Goods on or after the date of the Customer’s Order
4.2.Â Â The Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order. Star Wheeler shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer.Â The time of payment of the price shall be of the essence of the Contract.Â Receipts for payment will be issued electronically
4.3.Â Â If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorized by the issuer of
the Customer’s credit/debit card when processed by Star Wheeler then, without prejudice to any other right or remedy available to Star Wheeler, Star Wheeler shall be entitled to:
4.3.1.cancel the Contract or suspend any further deliveries to the Customer
4.3.2.appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Star Wheeler) asÂ Star Wheeler may think fit (notwithstanding any purported appropriation by the Customer); and
4.3.3.Charge the Customer Fees (both before and after any decree or judgment) on any amount unpaid, at the rate of 2 per cent per month on the amounts unpaid, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating the Fee).
5.1.Â Â Where a Customer has booked the Sale, delivery of the Goods shall be made by Star Wheeler when the Goods are fitted to the Customer’s vehicle by the installation center specified in the Order Confirmation or such other address as shall be approved of in advance by Star Wheeler.
5.2.Â Â Any dates quoted for delivery and/or installation of the Goods are approximate only and not guaranteed and Star Wheeler shall not be liable for any delay in delivery and/or installation of the Goods howsoever caused.Â Time for delivery or installation shall not be of the essence of the Contract unless previously agreed byÂ Star Wheeler in Writing.
5.3.Â Â If the Customer fails to take delivery of the Goods or fails to give Star Wheeler adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to Star Wheeler, Star Wheeler may:
5.3.1.store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
5.3.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
5.3.3. return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
5.4.Â Â Delivery of the Goods shall be evidenced by the return to Star Wheeler of its or its authorized carriers’ official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.
6. RISK AND PROPERTY
6.1.Â Â Risk of damage to or loss of the Goods shall pass to the Customer:
6.2.Â Â in the case of the Sale (subject to the terms and conditions of the relevant goods installation agreement between Star Wheeler and the relevant installation center to the contrary which, if any such agreement exists, shall take precedence) at the time when the Customer is notified that the Goods have been fitted and are ready for collection.
6.3.Â Â Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to Star Wheeler (including any applicable Fees and charges) have been paid in full.
6.4.Â Â The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of Star Wheeler, but if the Customer does so, all moneys owing by the Customer to Star Wheeler shall (without prejudice to any other right or remedy of Star Wheeler) forthwith become due and payable.
7.1. Â The Customer shall be entitled to cancel the Contract, return the Goods and receive a refund (or where the goods have not been paid for, full credit), provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Customer and are
returned to Star Wheeler.Â In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify Star Wheeler or demand against all and any such costs. If Star Wheeler collect the goods, Star Wheeler retains the right to charge the customer for any direct costs associated with the return of the goods. No additional restocking charge or nonadministrative charge will be added. Star Wheeler customer service center can be contacted for an accurate cost on returning goods as costs may vary depending on product specification and location
7.2.Â Â refunds to the Customer are entirely at the discretion of Star Wheeler.Â In the event that Star Wheeler, in their sole discretion, grant a refund to a Customer, any costs incurred by Star Wheeler in procuring that refund shall be borne by the Customer.
8.1.Â Â Star Wheeler shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order.Â Star Wheeler shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
8.2.Â Â Star Wheeler shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Star Wheeler’s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without Star Wheeler’s approval.
8.3.Â Â Save as expressly provided in these Conditions, all warranties, and conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
8.4.Â Â Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Star Wheeler in Writing within 48 hours from the date of delivery or installation or where the defect or failure was not apparent on reasonable inspection, within 24 hours after discovery of the defect or failure.
8.5.Â Â If the Customer does not notify Star Wheeler in accordance with Clause 8.4, the Customer shall not be entitled to reject the Goods and Star Wheeler shall have no liability for such defect or failure.
8.6.Â Â Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Star Wheeler in accordance with these Conditions, Star Wheeler shall be entitled to replace the Goods (or the part in question) free of charge or, at Star Wheeler’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), butÂ Star Wheeler shall have no further liability to the Customer or any other person.
8.7.Â Â Except in respect of death or personal injury caused by Star Wheeler’s negligence, Star Wheeler shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Star Wheeler, its employees or agents or otherwise) which arise out of or in connection with the supply or installation of the Goods or their use or resale by the Customer, and the entire liability of Star Wheeler under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.8.Â Â Star Wheeler shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Star Wheeler’s obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond Star Wheeler’s reasonable control.
9.1.Â Â Star Wheeler may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
9.2.Â Â Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.3.Â Â No waiver by Star Wheeler of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4.Â Â If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
9.5.Â Â The Contract and these Conditions shall constitute the entire agreement between the Customer and Star Wheeler in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto.Â In particular, the Customer may not rely on any statements made by any employee, representative or agent of Star Wheeler.
9.6.Â Â Star Wheeler may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity.Â Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with Star Wheeler.
9.7.Â Â The Contract shall be governed by the law of the United Arab Emirates and the Customer agrees to submit to the non exclusive jurisdiction of the UAE courts.
9.8. Â The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website
9.9. Â Â We accept payments online using Visa and MasterCard credit/debit card in AED. Â The cardholder must retain a copy of transaction records and Merchant policies and rules.
9.10. Â Star Wheeler will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the law of UAE
9.11. Â Star Wheeler does not make all deliveries of goods to a customers home address subject to offers. Goods will only be delivered to the chosen Installer, whether a physical location or mobile. The customer will be notified for fulfillment only after goods have been received by the installer. Hence, we do not have a stated delivery policy.