“Tyre-Select.com” is a website managed by Rimal Al Sarooj Al Motahida LLC, a company incorporated in the Sultanate of Oman in the year 2010. The website is published and managed on the World wide web of the internet with the Uniform Resource Locater (URL) of “Tyre-Select.com” all leading to the same website.
‘Conditions’ refers to the terms and conditions for sales of tyres products and services for the installations that are provided online.
‘Contract’ refers to the sales and purchase contract of the goods which are shown in the Customer’s initial Order and Confirmation of Order.
‘Customer’ refers to the person or individual who has visited the website and has requested to purchase the goods showcased on Tyre-Select.com
‘Customer’s Order’ refers to the order placed by the customer on “Tyre-Select.com” to purchase the product displayed by completing the ordering process including the product search, form submission, and following hypertext links as guided by the Tyre-Select.com site.
‘Sale’ refers to the products and services offered by Rimal Al Sarooj Al Motahida LLC company through the Tyre-Select.com website for selling and installing tyres through their own or third party installation service providers’ of Tyre-Select.com
‘Goods or Services’ refers to the tyre products or parts of the tyre and installation services which is showcased on Tyre-Select.com in accordance to the terms and conditions
‘Confirmation of Order” or “Order confirmation’ refers to the written confirmation of order by Tyre-Select.com of the acceptance of the orderplaced by the customer prior to the supply of the goods or service to the customer.
The order confirmation is provided in writing through electronic mail, cable, telex, fax or similar communication modes.
‘Force Majeure’ or ‘Act of God’ primarily refers to any uncertain condition like lightning strike, fire, accident, earthquake, hurricane, explosion, flood, tempest, war or war threat, disturbance in civil society, restriction of laws and regulations, strike or prohibition, or any kind of industrial actions like lockouts, embargoes, strikes or unexpected/undeclared holidays, emergencies, export prohibition, political or industrial movement, trade disputes (involving the employees of Tyre-Select.com or third party service provider of Tyre-Select.com), unable or difficulty to procure the goods or obtain raw materials, failure of labour, fuels, or power failure or broken machinery.
1. Terms of Sale
1.1 The “Customers Order” and “Order Confirmation” would be the basis of all orders placed by the customer and confirmed by Tyre-Select.com.
The customer shall purchase products, and services from Tyre-Select.com with respect to the terms and conditions of ‘Customer’s Order’ and ‘Order Confirmation’.
1.2 The goods and services showcased on Tyre-Select.com by the way of product/service information, website content, text, size, pattern, item description or any other product or service literature serves the purpose of inviting the customer to get information and place purchase request only and it does not indicate any binding obligation on part of Tyre-Select.com to sell the product to the customer.
1.3 Unless and until the terms and conditions or any of its variation are acknowledged in writing by the customer or its authorized representative and Tyre-Select.com, it won’t be considered as agreed to be binding.
1.4 Tyre-Select.com does not authorize any of its Employees or agents of Tyre-Select.com to publish or present any kind of information related to the company, product or services unless it is authorized by the company in writing. Tyre-Select.com does not confirm any kind of representations or confirmations.after entering into the Contract
1.5 Any recommendations or advise provided by Tyre-Select.com, or its related companies or employees to the customers or its employees or agents or representatives regarding the usage, storage or application of the goods will be deemed invalid unless it is confirmed in writing and the company will not be liable to confirm the information provided if so.
1.6 Tyre-Select.com will make every effort to ensure that no such mistakes or erroneous communication or misrepresentation occurs from their side, however, in the case of any such mistakes whether clerical or verbal or typographical errors including voice/text/whatsapp/chat or email message errors or any other errors, or omitted errors in sales literature, products and service prices and description, content of the website, invoicing details, other documentation, product information published by Tyre-Select.com, shall be subject to the correction without liability on the part of Tyre-Select.com
1.7 Tyre-Select.com generally update the website stock on a weekly basis with regards to product pricing or technology. In case, if tyres are out of stocks but still showing on our website then we have the rights to cancel your order and refund your amount if you already placed the online order or offline order. Same applies to services provided. If the customer has selected one service Centre and due to some reason including force majeure or any other, the location is not serviceable we will offer alternate nearby location to the customer. In case no alternate location is available then the customer order will be cancelled and refund initiated.
2. Terms of Offer and Specification
2.1 Any order placed by the customer through the website won’t be considered as accepted by Tyre-Select.com unless the “order confirmation” has been issued to the customer.
2.2 It is the customers responsibility to ensure that the order details are correct and submitted properly. The customer is liable to provide any additional information required by Tyre-Select.com related to the product and services so that it will help Tyre-Select.com to execute the order within the timeline. The customer is requested to contact Tyre-Select.com should these information cannot be provided online as per terms and conditions. Tyre-Select.com will not be responsible for any liability or loss arising from incorrect information provided by the customer
2.3 The pattern, size, brand, quality of the product, specification and quantity will be as per the standard details provided in the Order Confirmation.
2.4 Tyre-Select.com holds complete right and authority to change the product, pricing, specifications or any other details (if the details of such specifications of the products or services are mentioned in the order confirmation or otherwise) designs, or description without any notice. Depending upon the changes in laws or under the sole discretion of Tyre-Select.com, it has the sole right to also change the terms and conditions.
2.5 The customer cannot cancel the order after the order confirmation has been issued except with the written confirmation/agreement from Tyre-Select.com and on terms that the customer will have to indemnify Tyre-Select.com for all the losses including the loss of profit, labour, materials, shipment, damages, charges, and other expenses as a result of the cancellation.
2.6 No additional discounts or offer will be applicable on Tyre-Select.com website tyre price unless otherwise specified. Payment once done and fitment done won’t be subject to refund/cancellation after fitment.
3. Terms of Goods and service pricing
3.1 The pricing of products and services listed on the website Tyre-Select.com and order confirmation will be decided by Rimal Al Sarooj Al Motahida LLC. The price list defined on the website Tyre-Select.com at the date & time of order confirmation will be considered as per the terms if there is no price quoted in the order confirmation.
3.2 Tyre-Select.com holds the complete right and authority to change the products and services prices listed on the website to reflect
3.2.1 The increase in price can be due to any uncontrollable circumstances like fluctuation in forex, raw material or price increase by manufacturer, transportation costs, currency regulations, change in duties, labour cost increase, improper data or cost calculation of manufacturer.
3.2.2 Changes in the quantity, quality, specifications and delivery of the product ordered by the customer.
3.2.3 Delay or error in providing the required information to Tyre-Select.com from the customer for smooth order processing. Delivery or fitment.
3.3 The standard tax of Value Added Tax (VAT) or any other sales or purchase tax deemed to be implemented in the Sultanate of Oman in the future will also affect the price. Products sold on Tyre-Select.com will be charged VAT or any other tax wherever it is implemented.
4. Terms of Payment
4.1 Tyre-Select.com will be entitled for full payment for the products and services on the same day when the order confirmation is received from the customer, subject to any special terms in writing between Tyre-Select.com and the customer, Once the order confirmation has been received, Tyre-Select.com will have the right to debit the credit/debit card of the customer for the full payment against the products or services on the same day or after that date.
4.2 It is the responsibility of the customer to honor the full payment for the products & services on the date of Order Confirmation. All payment will be in advance and Tyre-Select.com will be entitled to recover the payment for the goods, products and services even though the product may not have been delivered or delivery is in process or goods ownership not passed to the customer. All successful payments will be supported by electronic receipts which the customer has to produce while receiving the item. The payment time will be the crucial part of the contract.
4.3 In the event that the customer fails to make successful payment for the products and services by the due date or time mentioned in the order confirmation or if the issuer of the customers credit/debit card or bank declines the payment or if the payment is not successfully credited to Tyre-Select.com then they will have no option and without any biasness or prejudice, Tyre-Select.com will have the right to:
4.3.1 Reject the order delivery to the customer and to cancel the order/contract/confirmation.
4.3.2 Select a suitable payment mode for the supply of products & services or supplied goods & services under another transaction or contract between the customer and Tyre-Select.com, and
4.3.3 On any amount unpaid, Tyre-Select.com reserves the right to charge the customer with “Customer Fees” for any unpaid fees, both before and after any decree or judgement, in the tune of 5% per month on the total amount until the amount is paid in full.
5. Terms of Delivery of Products and Services
5.1 Once the order confirmation is received from the customer,Tyre-Select.com will deliver the products or schedule the installation services at any of its outlets or other outlets/locations which the customer selects and Tyre-Select.com approves, during the ordering process from the list of locations available.
5.2 Tyre-Select.com shall not be liable for any delay in the delivery of the products or installation service whichever is caused. The delivery date, time and location mentioned in the order confirmation are based on approximate calculation and not guaranteed. This may change as per the discretion of Tyre-Select.com
Unless and until the product delivery date or installation service is not confirmed in written by Tyre-Select.com, it shall not be of importance to the contract.
5.3 If the customer provides wrong or inadequate information or if they do not claim the product after order confirmation, then Tyre-Select.com will have no other option but to:-
5.3.1 Hold or store the products until complete information is received and the customer will be charged reasonable storage or transportation charge if any.
5.3.2 Sell the products at any reasonable charge obtainable(after deducting all storage and selling expense). Any excess or shortage charges will be accountable from the customer account under the contract.
5.3.3 Any unclaimed product will be returned to he manufacturer or supplier and the cost for the return shall be added to the customer account
5.4 Product returned to Tyre-Select.com or to its authorized partners should be supported by evidence of packing/delivery note which should be duly signed and acknowledged. The evidence of delivery note will only be considered as the evidence receipt.
6. Terms relating to Risk and Property Conditions
6.1 The damage or loss of goods is the responsibility of the customer.
6.2 On successful completion of the sale of product (based on the terms and conditions set forth in the agreement between Tyre-Select.com and the third party tyre installation service provider) the customer will be informed about the products which is installed or fitted and ready for collection.
6.3 Any risk of passing the products or delivery or any other provision related to these conditions, the ownership/title of the product shall not be passed to the customer unless and until the full payment (including all kinds of fees and charges) of the products is made by the customer to Tyre-Select.com
6.4 The customer will have no right to claim the title of products or charges for security as a form of indebtedness from Tyre-Select.com. If the customer does so, then the entire amount owed by the customer to Tyre-Select.com shall be payable immediately.
7. Terms and Conditions of Returns
7.1 The customer is entitled to cancel the contract, return the products to get a refund (incase the amount of products and services have been not paid or full credit) where the products not used and it is in the same condition as received by the customer while returning to Tyre-Select.com. In such conditions, the customer will be liable for costs associated with returning of the product.
7.2 Tyre-Select.com holds the sole discretion to grant or deny refunds of products and services to the customer. Certain charges that are incurred by Tyre-Select.com in cases where refund is granted then such charges will be deducted from the customer.
8. Liability Conditions
8.1 In case of defective products or loss of product due to the inaccuracy in the Customer Order form, Tyre-Select.com won’t be held liable.
8.2. Tyre-Select.com will not be held responsible of the damage of products due to wear & tear, willful damage, damage due to not following the standard instructions as mentioned on Tyre-Select.com or unusable conditions.
8.3 As expressed in the terms and conditions or warranties, that is implied by the statute or common law will be excluded for the maximum extent.
8.4 Any product defects in quality/conditions/specification claimed by the customer should be informed Tyre-Select.com in writing within 48 hours of product delivery or installation or within 24 hours of after discovering the defect.
8.5 If the customer fails to inform Tyre-Select.com within the stipulated time define in point 8.4 then customer will not be eligible for canceling the order or rejecting the product delivery.
8.6 If the customer claim related to product defects/quality or improper installation services found to genuine then in that case Tyre-Select.com claimed is liable to replace the product or arrange for another service free of charge or refund as per the conditions or charge for specific proportion of services, fees, or charges as per the refund policy. Tyre-Select.com has the sole discretion to charge / refund for the product return and has no further liability against the customer or any other person.
8.7 Tyre-Select.com will not be liable for any kind of misrepresentation, implied warranty, other terms of common law or terms of contract for any sort of direct, indirect, special or consequential loss of products or services, or damage occurred during the delivery of products or installation of services or resold by the customer. In any of the cases, the liability of Tyre-Select.com will be limited to the cost of product or services, and not more than what is included in the conditions.
8.8 In the case where the product is not available or cannot be delivered to the customer then Tyre-Select.com has the complete right and authority to cancel the order or grant complete refund of the amount of products & services to the customer.
8.9 Tyre-Select.com will not be liable to the customer in all cases, even if a breach of contract occurs due to any reason in delay or failure to perform, related to products or services, failure due to Force Majeure, or any situation that is beyond the control of Tyre-Select.com
9. General Terms
9.1 Tyre-Select.com will perform the entire activities mentioned in the terms and conditions by itself or through third party.
9.2 Any notice or permission should be given in writing to Tyre-Select.com as per the conditions by the third party. Tyre-Select.com will also provide written communication to the third party to the registered address or principal business address which may be relevant at the time of notification is sent to the pursuant giving the notice.
9.3 No kind of waiver for the breach of contract from Tyre-Select.com to the customer shall be considered as replacement of any other waiver or subsequent breach of the same or other provision.
9.4 If any conditions of the provisions are considered as invalid or unenforceable by any authorized or competent authority then the entire or part of conditions shall not be effective.
9.5 The terms and conditions as well as contract constitutes to the agreement between the customer and Tyre-Select.com with respect to the sales and purchase of products and it shall supersede all the written or oral communication as well as previous agreements complete. The customer shall not only rely on any of the communication or statements published by the employees, representative or agents associated with Tyre-Select.com
9.6 Tyre-Select.com has the right to assign the complete customer contract or part of it with third party entity as required. Unless there is written agreement between the customer and Tyre-Select.com, the customer should not assign any benefit or burden of the contract solely with Tyre-Select.com
9.7 The terms and conditions are governed by the law and jurisdiction of Sultanate of Oman and the customer agrees to submit to the non-exclusive jurisdiction of Oman.
9.8 The customers who are below the 18 years of age or minor, accessing the Tyre-Select.com website or transacting shall not be considered as registered users
9.9 Tyre-Select.com accepts from online bank modes including credit card and debit cards in OMR currency. The customer has to take note of the receipt of transaction and follow the merchant account terms and conditions.
9.10 As per the law of Oman, Tyre-Select.com shall NOT deal with or offer any products or services to OFAC sanctioned countries.
9.11 Tyre-Select.com does not deliver the tyres to any customer’s home address, the product will be delivered to the installers, be it a physical address or mobile. The customer will be informed only after the product has been delivered to the installers address. Tyre-Select.com does not have a home delivery policy.