www.carlo-tyres.ae is the sister company of Battmobile’s and is the second venture of A&F Auto Repair LLC, based at Al Quoz in Dubai, UAE, with license number 650403 focusing on online tire purchase and mobile tire installation services throughout UAE.
‘Conditions’ refer to the terms and conditions included in the online sale of tires and its installation services.
‘Contract’ refers to the contract enclosed in the purchase and sale processes of the product as established and demonstrated by the Customer’s Order and Order Confirmation.
‘Customer’ refers to the individual whose order for the product is accepted by www.carlo-tyres.ae.
‘Customer’s Order’ refers to the order from a customer which is submitted to www.carlo-tyres.ae via the www.carlo-tyres.ae website by completing the procedures of ordering a product laid out therein with submission of forms as well as following the series of hypertext links as directed on the website.
‘Sale’ refers to the services offered by carlo-tyres.ae in regard to the sale of tires to its customers via the online portal. It also includes the subsequent arrangement for the installation of the purchased tires to the customers’ vehicles with the aid of third party service providers.
‘Goods’ is the term laid out for the tires (and also includes the installation of tires or any parts of it) and the services that www.carlo-tyres.ae is to provide in accordance with these Conditions.
‘Order Confirmation’ refers to the confirmation of acceptance of the Customer’s order in writing, provided by www.carlo-tyres.ae, issued prior to the completion of the sales and supply of the product to the customer.
‘Writing’ is the term given to all the electronic mail, telex, facsimile transmissions, cable and other similar means of communication.
‘Force Majeure’ refers to any Act of God like explosion, flood, lightning strikes, tempest, fire, war/threat of war, accidents, insurrection, sabotage, civil disturbance or the requisition, restrictions, acts, regulations, prohibitions, bye law or measures of any kind from the part of the government, parliament or local authority; export or import regulations or restrictions; lock outs, strikes, or other industrial actions or trade disputes (involving either employees of carlo-tyres.ae or of a third party), any difficulties in obtaining raw materials, fuel, labour, parts/machinery, power failure or the breakdown in machinery.
1. Basis of the Sale
1.1. The online portal of www.carlo-tyres.ae shall sell goods to the customer, who in turn shall purchase the goods in accordance with Customer’s Order and the Order Confirmation. The sale and purchase will be subject to the mentioned Conditions that shall govern the Contract right to the exclusion of any term and conditions apart from the listed, subject to which any such offer is either made or claimed to be made by the customer.
1.2. The circumstance of the Customer acknowledging the website text, list of items for sale, the price lists or other sales literature published on www.carlo-tyres.ae website may not be interpreted by the customer as any offer by or any binding obligation upon Carlo-tyres.ae to sell any product to the Customer.
1.3. Unless agreed upon in Writing between the authorized representatives of Carlo-tyres.ae and the Customer, no variation to these Conditions shall be considered binding.
1.4. The employees or agents of Carlo-tyres.ae are not authorized to make any representations concerning their products unless confirmed in Writing by Carlo-tyres.ae. Upon entering into the Contract, the Customer acknowledges that there is no dependence on any such representations which are not confirmed in Writing.
1.5. Any recommendations or advice given by Carlo-tyres.ae, its employees or its agents to the Customer, or by its employees or agents regarding the storage, application or usage of the Goods which is not verified in Writing by Carlo-tyres.ae, shall be followed or acted upon entirely at the Customer’s own risk. Carlo-tyres.ae shall not be responsible for any such recommendation or advice that is not so confirmed.
1.6. Whilst Carlo-tyres.ae makes every effort to make sure that no such error or omission from their end, any clerical, typographical error or any omission in the sales literature, price list, acceptance of offer, website text, invoice or any other document or information issued by Carlo-tyres.ae shall be subject to rectification without any liability from the part of Carlo-tyres.ae.
2. Offers and Specifications
2.1. Unless the Order Confirmation is issued to the Customer, the Customer’s Order shall not be considered to be accepted by Carlo-tyres.ae.
2.2. The Customer will be responsible to Carlo-tyres.ae in ensuring the correctness of the terms of the Customer’s Order as submitted by the Customer. The Customer shall also be responsible in providing Carlo-tyres.ae with any necessary information relating to the Goods within appropriate time to enable Carlo-tyres.ae to execute the Contract in accordance to its terms. Carlo-tyres.ae shall bear no responsibility to anything resulting from inaccurate information supplied by the Customer.
2.3. The description of the Goods, its quality, quantity and any other specification shall be as set out in the Order Confirmation.
2.4. Carlo-tyres.ae reserves the right to make changes in the Goods or any particular specification (whether the specifications have been submitted by the Customer within the Customer’s Order or otherwise), or designs at any point of time without notice, following any changes in the law or at the sole discretion of Carlo-tyres.ae.
2.5. The Customer’s Order will not be considered as cancelled by the Customer even after the issue of the Order Confirmation unless with an agreement in writing for Carlo-tyres.ae, on the terms that the Customer shall indemnify Carlo-tyres.ae in full, against all losses (including loss of profit), costs (including costs of all labour and materials used), charges, damages and expenses incurred by Carlo-tyres.ae that results due to cancellation of Customer’s Order by the Customer.
3. Price of the Goods
3.1. The price of the product shall be the price as specified by Carlo-tyres.ae in the Order Confirmation. In the instance where no price is quoted in the Order Confirmation, the price listed on Carlo-tyres.ae price list or on the website text of Carlo-tyres.ae website at the time and date of the Order Confirmation shall be considered.
3.2. Carlo-tyres.ae reserves the right to increase the price of the Goods by giving notice to the Customer at any point prior to the issue of the Order Confirmation. The ascent in the price of the Goods may be to reflect:
3.2.1. Any increase in the cost to Carlo-tyres.ae which results due to any factor beyond the control of Carlo-tyres.ae (such as without limitation, any foreign exchange fluctuations, alteration of duties, any currency regulation, significant increase in the costs of materials, labour or other costs of manufacture).
3.2.2.Any change in the details like delivery dates, quantities, or specifications of the Goods which was requested by the Customer.
3.2.3.Any delay caused by the instructions of the Customer, or failure from the part of the Customer in conveying adequate information or instructions to Carlo-tyres.ae.
4. Terms of Payment
4.1. Subject any unique terms agreed in Writing between Carlo-tyres.ae and the customer, Carlo-tyres.ae shall be entitled to full payment for the price of the Goods on the date of the Customer’s Order. Carlo-tyres.ae shall debit the payment in full for the Goods from the Customer’s debit/credit card on or after the date of the Customer’s Order.
4.2. The Customer is obliged to make the payment in full for the Goods purchased on the date of the Customer’s Order. Carlo-tyres.ae shall be entitled to recover the payment of the Goods in full, notwithstanding that the delivery of the Goods may not have taken place or the Goods have not be passed on to the Customer. The time of payment for the Goods shall be the essence of the Contract and receipts of the payment shall be issued electronically.
4.3. In the instance where the Customer fails to make the payment by the relevant due date or in case the payment is not authorized or declined by the issuer of the Customer’s credit/debit card due to any reason when processed by Carlo-tyres.ae, Carlo-tyres.ae shall be entitled to:
4.3.1.Either 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 as Carlo-tyres.ae may deem fit (or the Goods supplied as per any other Contract between Carlo-tyres.ae and the Customer) (notwithstanding any purported appropriation by the Customer); and
4.3.3.Charge fees to the Customer (both before and after any decree or judgment) on any amount unpaid, at the rate of 2% on the pending payment, until the full payment is made (part of a month also being treated as a full month for the purpose of calculating the fee.
5.1. During the instance of a Customer booking a sale, the delivery of the Goods shall be made by Carlo-tyres.ae, where the Goods shall be fitted to the Customer’s vehicle at the installation centre as specified in the Order Confirmation, or any other address as approved in advance by Carlo-tyres.ae.
5.2. Any dates quoted for the delivery and/or the installation services of the Goods are approximate only and are liable to change. Carlo-tyres.ae shall not be responsible for any delay in the delivery and/or installation services of the Goods howsoever caused. The duration for delivery and/or the installation services shall not be a part of the Contract unless agreed in prior by Carlo-tyres.ae with written proof of the agreement.
5.3. If the Customer either fail to take their delivery of the Goods or fail to provide Carlo-tyres.ae with proper instructions for the delivery in the Customer’s Order, then without bias to any other right or remedy available to Carlo-tyres.ae, Carlo-tyres.ae can;
5.3.1.Keep the Goods under storage until the actual delivery happens and also charge the Customer with reasonable costs (including insurance) of the storage; or
5.3.2. Sell the Goods at a better price readily available, and after deducting all reasonable expenses for storage and the sale, can account to the Customer any excessive expenses above the price mentioned in the contract, or also charge the Customer for any shortfall in the price lower than the mentioned in the Contract; or
5.3.3. Return the Goods to its own supplier and charge the Customer for any additional costs incurred in the case of such a return.
5.4. The delivery of the Goods shall be evidenced by the return of its authorized carriers’ official packing/delivery note or the official packing/delivery note of Carlo-tyres.ae which, signed howsoever as acknowledgement of the receipt of the goods shall be considered to be definite proof of the delivery of the items specified in the package.
6. Risk and Property
6.1. Any risk of damage or the loss of the Goods shall pass to the Customer
6.2. In the case of a sale subject to the terms and conditions of a particular tire installation agreement between Carlo-tyres.ae and the relevant installation centre, the agreement shall take precedence (on the contrary which if such an agreement exists) at the time when the Customer is notified that the Goods have been fitted and are ready for collection.
6.3. Notwithstanding, the delivery and the handover of the risk in the Goods or any provision of these Conditions shall not pass to the Customer until the entire amount due by the Customer to Carlo-tyres.ae (including other applicable fee and charges) are paid in full.
6.4. The Customer is not entitled in any way to charge by way of security for any appreciation, to any of the Goods that remain the property of Carlo-tyres.ae. But if the Customer chooses to do so, all amount owed by the Customer to Carlo-tyres.ae shall forthwith become due and payable (without prejudice to any other right or remedy of Carlo-tyres.ae).
7.1. In case the Goods have not been used in any way or are in exactly the same good condition which the Customer has received it, the Customer shall be entitled to cancel the Contract, have the Goods returned to Carlo-tyres.ae and receive a refund (or in case the Goods are not paid for, receive full credit).
In such an instance, the Customer shall be responsible for any expenses incurred during the return of the Goods and shall indemnify Carlo-tyres.ae or demand against any such expenses. If Carlo-tyres.ae is required to collect the goods, Carlo-tyres.ae retains the right to charge the Customer for any expenses associated with the return of the Goods. It is assured that no additional restocking charge or administrational charge shall be added to this. The Customer service centre of Carlo-tyres.ae can be contacted for accurate information regarding the expenses of returning the Goods, which again may vary with the Goods specification and location.
7.2. The refund eligible for the Customer is entirely at the discretion of Carlo-tyres.ae. In the event that Carlo-tyres.ae at their sole discretion grants a refund to the Customer, the expense incurred by Carlo-tyres.ae to fulfilling the refund shall be borne by the Customer.
8.1. Carlo-tyres.ae shall be under no liability with respect to any defect in the Goods arising due to
8.1.1.Any Inaccuracy in the Customer’s Order
8.1.2.Fair wear and tear
8.1.5.Abnormal working conditions
8.1.6.Failure to follow any instruction from Carlo-tyres.ae; or
8.1.7.Misuse, alteration or repair of the Good’s without the knowledge/approval of Carlo-tyres.ae
8.2. Apart from those explicitly mentioned in the Conditions, all warranties, conditions and other terms as implied by statute or common law are excluded to the fullest extent as permitted by law.
8.3. Any claim of the Customer with respect to any defect in the condition of the Goods or its quality, or any mismatch in the Goods with its specifications should be notified in Writing within 48 hours from the date or the delivery or installation to Carlo-tyres.ae. In case the defect or failure was not noticed on reasonable inspection, it should be notified within 24 hours with the discovery of the defect.
8.4. In case the Customer fails to notify Carlo-tyres.ae within the timeframe as mentioned in Clause 8.3., the Customer shall not be entitled to reject the Goods and Carlo-tyres.ae shall not bear any liability to such defect or failure.
8.5. When there is any valid claim with respect to the Goods based on any defects/condition of the goods/failure to meet the described specifications, if notified to Carlo-tyres.ae within the time mentioned in the Conditions, Carlo-tyres.ae shall be liable to replace the Goods or the part of it in question free of charge, or at the sole discretion of Carlo-tyres.ae, refund the price of the goods or a proportionate amount of the price to the Customer. But Carlo-tyres.ae shall have no further liability to the Customer or any other person regarding the same.
8.6. Carlo-tyres.ae shall not be liable to the Customer by reason of any implied warranty, condition or other term, any representation (unless fraudulent), or under the terms of the Contract for any indirect, consequential or special loss or damage (for loss of profit or otherwise), expenses or other claims for compensation (caused by Carlo-tyres.ae, its employees, agents or others) that arise out of or in connection with the supply or installation of Goods, their use or resale by the Customer. The entire liability of Carlo-tyres.ae in as per the Contract shall not exceed the price of the Goods, except as explicitly mentioned in the Conditions.
8.7. An damage or loss caused by third party installers during the fulfillment of the installation services included in the Sales Contract shall not be the liability of Carlo-tyres.ae. In case of any claim for damage caused to the vehicle or the wheels during the installation services, an opportunity to inspect and rectify the claimed damage should be given to the installer. Compensation for the damage or loss that arises in connection with the third party installers during installation services can be lodged with the installer directly, with no liability on Carlo-tyres.ae whatsoever.
8.8. In case of any delay in performance or failure to perform due to Force Majeure or any other causes beyond the reasonable control of Carlo-tyres.ae, Carlo-tyres.ae shall not be liable to the Customer or deemed to be in breach of the Contract.
9. General Terms
9.1. Carlo-tyres.ae shall exercise any of its rights hereunder by itself or where applicable through any other entities or persons (legal or otherwise).
9.2. Any terms or notice required to be given by either party to the other under these Conditions shall be given in Writing addressed to the other party, formalized at its registered office or principal place of business at the relevant time that have been notified pursuant to this provision to the party giving the notice.
9.3. No waiver by Carlo-tyres.ae 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. In case any of the provision of these Conditions is recognized by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of the Conditions and the remainder of the provision in question shall remain unaffected.
9.5. The Contract and these Conditions shall constitute all terms of the entire agreement between the Customer and Carlo-tyres.ae with respect to the supply of the Goods. It shall supersede all previous oral or written representations or agreements relating thereto. The Customer in particular, shall not rely on any statements made by any employee, representative or agent of Carlo-tyres.ae.
9.6. The Contract or the sub-contract with the Customer, the whole or any part of it thereof may be assigned by Carlo-tyres.ae to any other person (legal or otherwise) or entity. Unless otherwise agreed upon in Writing, the Customer may not assign either the benefit or burden of any contract with Carlo-tyres.ae.
9.7. The Contract shall be governed by the law of the United Arab Emirates, and the Customer shall agree to submit to the non-exclusive jurisdiction of the UAE courts.
9.8. Any Customer using the website that is under the age of 18 (minor) shall not be eligible to register as a user of the website and cannot transact on or use the website.
9.9. Online payments using Visa and MasterCard credit/debit card in AED are accepted. The cardholder is required to retain a copy of the transaction records and Merchant rules and policies.
9.10. Carlo-tyres.ae shall NOT provide or deal any services or products to any of the countries sanctioned to OFAC (Office of Foreign Assets Control) in accordance with the law of UAE.
9.11. Deliveries of the Goods to the home address of the Customer are not entertained by Carlo-tyres.ae. The Goods shall only be delivered to the Installer chosen during the purchase, whether a physical location or mobile. The Customer shall be notified for the fulfillment only after the Goods have been received by the installer. Hence, we do not have a stated delivery policy.