Al Masaood Automobiles Online Payment Terms and Conditions

Thank you for your online payment for the reservation or purchase of your INFINITI vehicle.

These online payment terms and conditions (“Terms”) apply to your use of the online payment transaction service (the “Service”) made available by Al Masaood Automobiles Company LLC, a business based in the United Arab Emirates, trading under the name “Al Masaood Automobiles” ("Seller", “We”, “Us”, or “Our”).

These Terms constitute a contract between You and Al Masaood Automobiles Company LLC. Please read them carefully. These Terms may be altered or added to by Us at any time that We determine necessary, with or without notice.

Referring to you as a user of the Service under these Terms shall be ("You" or the "Buyer")

[By ticking the box where indicated each time You use the Service], You agree to be bound by the provisions of these Terms.

You and Us, hereinafter each referred to under these Terms as the “Party” and collectively as the “Parties’’.

GENERAL 

• These Terms shall apply to reservations or sales of new INFINITI vehicles, and/or used vehicles by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer during negotiations or at any stage in the dealings between the parties. Any standard or printed terms used by the Buyer is not applicable, unless the Buyer specifically states in writing, separately from such terms, that he/she wishes to apply such proposed terms, and that these proposed terms had been acknowledged by the Seller in writing.
• Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

ONLINE RESERVATIONS

• Only one vehicle should be reserved at a time.
• In the event that the reservation is not confirmed by You within 24 hours from date and time of receiving reservation confirmation email by Us, it shall be in our sole discretion to release the subject vehicle to other clients, without any obligation on us to notify you.

PRICE AND PAYMENT

• The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties. The price is including of VAT only and exclude any other applicable costs.
• The Seller shall not in any way be liable for any typographical or pricing errors. If an error is discovered, The Seller reserves the right to cancel the sale prior to registration of the vehicle. All prices, specifications and availability are subject to change without notice. Please contact the Seller for the most current information or for additional assistance.
• Payments using the Service may be made only using only Visa or MasterCard credit or debit cards.
• We are not directly involved in the online payment but through a third party service provider.
• All payments are to be made in the currency of the United Arab Emirates (AED).
• Upon completing a transaction using the Service, You will be presented with a confirmation screen verifying the transaction details You wish to process. It is Your responsibility to verify that all transaction information and other details are correct.
• We have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Our reasonable control.
• You will receive a confirmation email once the payment has been received by Our third party service provider.
• Once a payment has been made it cannot be cancelled. We do not accept any responsibility for refusal or reversal of payments, which shall be a matter between You and your credit card / debit Card issuer.
• Where there has been a refund by Us, We will deduct the merchant service fee payable from the refunded amount due.
• If, for any reason we have underpriced a vehicle in error, we will not be liable to supply that vehicle at that price. Should you choose not to complete the purchase your reservation deposit will be fully refunded on the credit or debit card provided for the deposit.
• Monthly payment calculation is intended solely for general information and is provided as an estimate.

DESCRIPTION

Any description given or applied to the vehicles is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that he/she does not in any way rely on any description when entering into the purchase.

DELIVERY

• Unless otherwise agreed in writing, delivery of the vehicle shall take place at the Seller’s facility specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the vehicle whenever they are ready for delivery.
• If the delivery of the vehicle cannot be completed due to any reason attributable to, or under the control of the Buyer, then the Seller shall be entitled to place the vehicle in storage and the risk of loss in the vehicle shall pass to the Buyer once the vehicle is placed in storage. the Buyer shall be liable for any expense associated with such storage equal to AED 1,000 per month on a pro-rate basis.
• During the vehicle preparation process, it may be noticed that during the transit, some minor imperfections need to be polished or restored to the original condition without any impact on the quality, warranty or cause detriment to the vehicle.
• The Buyer understands that the occurrence of such minor imperfections, shall not in any way permit the Buyer to demand cancellation of the sale or claim for price reduction.

TITLE / REGISTRATION

Title or registration of the vehicle shall not pass to the Buyer until the Seller has been paid in full.

Risk in vehicles shall pass to Buyer upon their delivery or upon the scheduled date of their delivery, whichever comes first.

RETURN OF THE VEHICLE

If the vehicle is registered, the sale is on a firm sale basis, i.e. the Seller will not take back the vehicle, unless otherwise agreed in writing.

RETURN OF A DEPOSIT OR VEHICLE PAYMENT

• To provide complete confidence, the Seller will provide your refund of your deposit if for any reason the reserved vehicle is not to your satisfaction based on the below conditions.
• Refund of a deposit within 60 days if a purchase was not confirmed will be completed on the same credit or debit card used to issue the payment. There will be no cash refund from an on-line payment or reservation.
• Refund of a purchase prior to registration within 60 days of payment will be completed on the same credit or debit card used to issue the payment. There will no cash refund from on on-line payment.

USE OF SITE

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’,’ embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

LIMITATION OF LIABILITY

• The Seller's total liability for any/all loss or damage suffered by the Buyer including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, shall not exceed the price paid by the Buyer for the purchase or reservation of a vehicle price.
• Nothing contained in these Terms shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.

INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of these Terms shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, cancel the sale.

RELATIONSHIP OF PARTIES

Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms shall be deemed to construe either of the parties as the agent of the other.

LINKS

In an attempt to provide an increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

ASSIGNMENT AND SUB-CONTRACTING

The Buyer has no right to assign, subcontract or transfer the contract between the Buyer and Seller for the sale of the vehicle(whether totally or partially) or any right or obligation, in favor of any person, without the prior written consent of the Seller.

WAIVER

Failure to enforce or exercise any one or more of the terms herein, at any time or for any period, does not constitute a waiver of such term and does not affect the right later to enforce such or any other term therein contained.

SEVERABILITY

If any term or provision or part thereof, of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.

UPDATING OF THESE TERM AND CONDITIONS

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms, including such changes or updates.

OUR RIGHTS

• Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• Change these Terms from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website
• We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the parties hereby submit to the exclusive jurisdiction of the Abu Dhabi courts.

Warranties and Disclaimers

1. You warrant that:
   1. You are aged 18 or over;
   2. You have the appropriate authority to validly accept the Terms and are able to and will meet your obligations in relation to the Terms.
   3. The credit/ debit card used in connection with the Service is issued in your name.
   4. You will pay the credit/ debit card issuer all charges incurred in the use of the Service.
   5. The information supplied by you is true and correct.
2. To the extent permitted by law, We do not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Service. If, for any reason, We are found to be liable to you for any damage or loss which arises as a result of your use of the Service, Our liability will not in any event exceed the amount of the transaction which formed the basis of the damage or the maximum limit stated in the Limitation of Liability clause above, whichever is the lesser.
3. We do not warrant or guarantee that the Service and/or your use of the Service will be error-free, immediate, virus free and/or continuously available or that the information provided through the Service will be complete, accurate and/or up-to-date.
4. You agree to indemnify Us for any loss, cost or expense suffered or incurred by Us as result of:
   1. Your breach of your obligations under the Terms;
   2. Intentional misuse of the Service;
   3. Your negligent acts or omissions in using the Service;
   4. Any claim brought against Us by a third party in relation to your use of the Service.

PRIVACY

The Seller ensure that the collected personal data is processed in accordance with the applicable legislation relating to data protection.

Payments using the Service are made through a secure third party website. We will use all reasonable endavours to prevent unauthorised access to your personal data. However, We will not be liable for any direct or indirect damage or loss whatsoever for any interception and/or ‘hacking’ of any data or other unauthorised access to information provided by you for the purposes of using the Service.

CONSENT

I understand that all the trademarks, pictures, and designs registered to Al Masaood Automobiles and hereby accept the above terms and conditions. I undertake not to copy/duplicate the trademarks, pictures, and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of these terms, I understand that I will be held liable for all legal costs incurred by Al Masaood Automobiles for any criminal or civil action or any legal action deemed necessary against me.