Terms of Sale
TERMS & CONDITIONS FOR SALE OF TYRES
gulfcoastsco.com is owned by Gulf Coasts Co., a company which has been established in Dubai with license number 12345 on 2017 year. The website is published and managed by gulfcoastsco.com on the World Wide Web of the internet with the Uniform Resource Locater (URL) of gulfcoastsco.com
The term ‘Conditions’ refers to the terms and conditions of the online site through which the sales of tyres products and services for the installations are provided.
The term ‘Contract’ refers to the sales and purchase contract of the goods which are shown in the Customer’s Order and Confirmation of Order.
The term ‘Customer’ refers to the person or individual who has accepted the offer to purchase the goods showcased on gulfcoastsco.com
The term ‘Customer’s Order’ refers to the order from the customer to purchase the product through the gulfcoastsco.com website by completing the ordering process including the form submission, and following hypertext links as guided by the gulfcoastsco.com site.
The term ‘Sale’ refers to the products and services offered by Gulf Coasts Co. company through the gulfcoastsco.com website for selling and installing tyres through third party installation service providers’ of gulfcoastsco.com
The term ‘Goods’ refers to the tyre products and installation services or parts of the tyres which is showcased on gulfcoastsco.com in accordance to the conditions
The term ‘Confirmation of Order’ refers to the confirmation of order process in writing to supply the goods showcased on gulfcoastsco.com and acceptance of the Customer’s Order. The order confirmation is provided in writing through electronic mail, cable, telex, facsimile transmission or similar communication modes.
The term ‘Force Majeure’ refers to the ‘Act of God’ which means in any uncertain condition like explosion, flood, tempest, lightning strike, fire, accident, 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, export prohibition, political or industrial movement, trade disputes (involving the employees of gulfcoastsco.com or third party service provider of gulfcoastsco.com, inability to procure the goods or obtain raw materials, failure of labour, fuels, or power failure or broken machinery.
1. Conditions of Sale
1.1 As per the terms and conditions of sale, customer purchases products, and services from gulfcoastsco.com with respect to the terms and conditions of ‘Customer’s Order’ and ‘Order Confirmation’. The contract between the gulfcoastsco.com and the Customer will be governed by the terms defined for ‘Customer’s Order’ and ‘Order Confirmation’ by which any offer can be made or rejected by the customer.
1.2 By choosing to purchase products and services from gulfcoastsco.com, Customer accepts that the website content, text, price list, items description, or other product literature showcased on the gulfcoastsco.com website serves the purpose of inviting to purchase and not any offer or bind obligates gulfcoastsco.com to sell the product to the customer.
1.3 Unless and until the terms and conditions are acknowledged in written by the customer or authorized representative of the customer, and gulfcoastsco.com, no kind of variation shall be considered in the conditions and shall not be considered as agreed to be binding.
1.4 Employees or agents of gulfcoastsco.com are not authorized to present any kind of information related to the company, product or product parts unless it is authorized by gulfcoastsco.com. After entering into the Contract with gulfcoastsco.com, Customer understands that the company does not confirm any kind of representations or confirmations.
1.5 Unless the recommendations given by the agents, employees, or even gulfcoastsco.com for the storage, installation, or use of goods are not in written then such confirmations will be considered invalid by gulfcoastsco.com and the company will not be liable to confirm the information provided.
1.6 gulfcoastsco.com will ensure that no such error, miscommunication or misrepresentation occurs from their side, however, in case of any typo errors, clerical mistakes, other errors, or omitted errors in sales literature, products and service prices, content of the website, invoicing details, other documentation, product information published by gulfcoastsco.com, shall be subject to the correction without liability on the part of gulfcoastsco.com
1.7 gulfcoastsco.com generally update the website stock on a weekly basis. 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.
2. Conditions of Offers
2.1 Any order placed by the customer shall not be considered as completely processed by gulfcoastsco.com until the ‘Order Confirmation’ is received from the Customer.
2.2 Customer will be responsible for ensuring that the order details are correct and properly submitted by the Customer and providing any additional information required by gulfcoastsco.com related to the products or services so that gulfcoastsco.com can process the order within the timeline and contact customer in case required as per terms and conditions.
2.3 The quality of the product and quantity will be as per the standard details provided in the Order Confirmation.
2.4 gulfcoastsco.com holds complete right and authority to change the product, specifications, pricing, (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. gulfcoastsco.com has the sole right to also change the terms and conditions depending on changes in the laws.
2.5 Any order placed by the customer shall not be liable for cancelled automatically by gulfcoastsco.com until a written confirmation is received from the customer. Otherwise, the customer will have to indemnify gulfcoastsco.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 gulfcoastsco.com website tyre price.
3. Conditions of Goods Pricing
3.1 The price of products and services listed on the website gulfcoastsco.com and order confirmation will be decided by gulfcoastsco.com. If there is no price quoted in the order confirmation then the price list defined on the website gulfcoastsco.com at the date & time of order confirmation will be considered as per the terms.
3.2 gulfcoastsco.com holds the complete right and authority to change the products and services prices listed on the website:
3.2.1 The increase in price can be due to any uncontrollable circumstances like fluctuation in forex, 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 in providing the required information to gulfcoastsco.com from the customer for smooth order processing
3.3 The standard tax of Value Added Tax (VAT) has been introduced in gulfcoastsco.com since 1 January 2018. Due to the VAT introduction, all the goods and services supplied to the customer will be charged on standard rate of 5%. Products sold on gulfcoastsco.com will be charged VAT wherever required.
4. Payment Terms
4.1 With reference to any written communication between gulfcoastsco.com and the customer, gulfcoastsco.com will be entitled for full payment for the products and services on the same day when the order confirmation is received. gulfcoastsco.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 of order confirmation or after that date.
4.2 The customer will be liable to make the payment for the products & services on the date of Order Confirmation. gulfcoastsco.com will be entitled to recover the payment for the goods, products and services even if the product may not have been delivered or delivery is in process or product is not passed to the customer. The payment time will be the crucial part of the contract, and electronic receipts will be provided for the successful payment orders.
4.3 In the case where customer fails to make the payment for the products & services by the due date and time mentioned in the order confirmation or the payment is declined by the issuer of the customer’s credit/debit card bank , then gulfcoastsco.com will have no option and without any biasness or prejudice, gulfcoastsco.com will have the right to:
4.3.1 Cancel the order and reject the order delivery to the customer
4.3.2 Choose a suitable payment mode for the supply of products & services or supplied goods & services under another transaction or contract between the customer and gulfcoastsco.com, and
4.3.3 Shall hold the right to charge the customer with ‘Customer Fees’ for both, before and after the changes in the decision, on the unpaid amount with additional 2% per month (part of the month shall also be considered as full month for the purpose of calculation) until the full amount is paid to gulfcoastsco.com.
5. Delivery of Products and Services
5.1 As per the order confirmation received from the customer, gulfcoastsco.com will deliver the products or cater the installation services at the customer address mentioned in the Order Confirmation or any other address as suggested by the customer and approved by gulfcoastsco.com
5.2 The delivery date or installation date mentioned on the order confirmation of the products and services are based on the approximate calculation and not guaranteed thus gulfcoastsco.com shall be responsible for any delay in the delivery of the products or installation service whichever is caused. Unless and until the product delivery date or installation service is not confirmed in written by gulfcoastsco.com, it shall not be of importance to the contract.
5.3 If the customer does not claim the product or if the information provided by the customer is incorrect or inadequate to deliver the product or services, then gulfcoastsco.com will have no other option and without any biasness or prejudice, it shall:
5.3.1 Hold the products until the complete information is received and charge the customer with storage charges; or
5.3.2 Sell the products inclusive of all charges including the storage charges, selling expenses and any excess prices that would account to the customer as a result of the return.
5.3.3 Products will be returned to the manufacturer or supplier and the cost for the return shall be added to the customer account
5.4 Product returned to gulfcoastsco.com or to its authorized partners should be showcased as 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. Risk and Property Conditions
6.1 The risk of damaged products or loss of products will be passed to the customer.
6.2 On successful sale of product completion (with respect to the terms and conditions of tyre installation agreement with gulfcoastsco.com and third party tyre installation provider, if there is any agreement) the customer will be notified about the products which is installed/fitted and ready for collection
6.3 Any risk of passing the products or delivery or any other provision related to these conditions, the title of the product shall not be passed to the customer until the full payment (including all kinds of fees and charges) of the products is made by the customer to gulfcoastsco.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 gulfcoastsco.com, and in case the customer does so, then the entire amount owed by the customer to gulfcoastsco.com shall be forthwith without further notice, prejudice or available option.
7. Conditions of Return
7.1 The customer is eligible to cancel the contract, return the products and reject the services to get a refund (where the amount of products and services have been not paid or full credit) where the products are unused and it is in the same condition as received by the customer while returning to gulfcoastsco.com. In such conditions, the customer will be liable to bear
7.2 gulfcoastsco.com holds the complete right and authority to grant refund the amount of products and services to the customer or not. In cast the refund is granted but certain charges are incurred by gulfcoastsco.com in getting the refund then such charges will be deducted from the customer.
8. Liability Conditions
8.1 gulfcoastsco.com will have no liability for any defective products due to the inaccuracy in the Customer Order form. gulfcoastsco.com will have no liability on the loss of product or incorrect information in Customer order.
8.2. gulfcoastsco.com will have no liability of the damage of products due to wear & tear, willful damage, damage due to not following the standard instructions as explained on gulfcoastsco.com or unworkable conditions.
8.3 As expressed in the terms and conditions, warranties, or other terms and conditions that is implied by the statute or common law will be excluded for the maximum extent.
8.4 Any product defect claim or differentiation in product specifications showcased on gulfcoastsco.com claimed by the customer related to the products or services should be informed gulfcoastsco.com claimed in writing within 48 hours of product delivery or service installation or within 24 hours of after discovering the defect.
8.5 If the customer does not inform gulfcoastsco.com claimed 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 of product or improper installation services to reported and found to genuine then in that case gulfcoastsco.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. gulfcoastsco.com shall have the sole discretion to charge or refund for the product return and have no liability against the customer or any other person.
8.7 gulfcoastsco.com will not be liable for any kind of misrepresentation, implied warranty, other terms or common law or terms of contract for any sort of direct, indirect, special or consequential loss of products or services, or damage incurred during the supply of products or installation of services or resold by the customer. In any of the cases, the liability of gulfcoastsco.com will be limited to the cost of product or services, and not exceeding it as per the conditions.
8.8 In the case where the products are unavailable or undelivered to the customer then gulfcoastsco.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 gulfcoastsco.com will not be liable to the customer in any case even if a breach of contract occurs due to any reason in delay of performance, failure to perform, related to products or services, failure due to Force Majeure, or any situation that is beyond the control of gulfcoastsco.com.
9. General Terms
9.1 gulfcoastsco.com will perform the entire activities mentioned in the terms and conditions by itself or through third party agencies or as applicable with other person or entities.
9.2 Any notice, inquiry or permission should be given in written to gulfcoastsco.com as per the conditions by the party. gulfcoastsco.com will also provide written communication to the party to its 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 shall be considered by the customer gulfcoastsco.com in replacement of any other waiver or subsequent breach of the same or other provision.
9.4 If the 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 gulfcoastsco.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 should not only rely on any of the communication or statements published by the employees, representative or agents associated with gulfcoastsco.com
9.6 gulfcoastsco.com has the right to assign the entire customer contract or part of the contract with third party entity as required. Unless and until there is written agreement between the customer and gulfcoastsco.com, the customer should not assign any benefit or burden of the contract with gulfcoastsco.com
9.7 The terms and conditions are governed by the law and jurisdiction of United Arab Emirates and the customer agrees to submit to the non-exclusive jurisdiction of gulfcoastsco.com.
9.8 The customers who are below the 18 years of age or minor, accessing the gulfcoastsco.com website or transacting shall not be considered as registered users
9.9 gulfcoastsco.com accepts from online bank modes including credit card and debit cards in AED 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 gulfcoastsco.com, gulfcoastsco.com shall NOT deal with or offer any products or services to OFAC sanctioned countries
9.11 gulfcoastsco.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. gulfcoastsco.com does not follow the stated home delivery policy.