WHO WE ARE
The website partstore is operated by Trunk Auto Spare Parts Tr. LLC, whose registered office address is Shop No: 15, Autoparts Complex, Sharjah, United Arab Emirates (“we”, “our” or “us”) so that we may: (1) help direct you to products and services which may be of interest to you; and (2) contact you with information and offers, suggestions and recommendations of products and services which may be of interest to you.
Note: Where we use “our site” in this privacy notice, we mean partstore.
- Background
partstore (the Platform) is made available to you by Trunk Auto Spare Parts Tr. LLC. (Referred to in these terms and conditions (Terms and Conditions) as ‘we’, ‘us’ and ‘our’).
When we refer to ‘you’ and ‘your’, we mean where the context indicates, a buyer or anyone who uses and accesses the Platform.
These Terms and Conditions, and all other terms and conditions and documents referred to herein govern the conditions on which you are entitled to access and use the Platform. Please take the time to read them carefully. By accessing and continuing to use the Platform, you will be deemed to agree to these Terms and Conditions and shall be bound by them. If you do not agree to these Terms & Conditions, then you must stop using or accessing the Platform immediately.
We reserve the right to modify or amend these Terms and Conditions from time to time. You should check these Terms and Conditions each time you access the Platform to ensure that you are aware of and are complying with the current version. Changes are binding on users of the Platform and will take effect immediately from posting of the revised documentation on the Platform.
- Privacy and Data Protection
We take your privacy seriously. To find out more about how we handle your personal information please see our Privacy Policy (Privacy Policy). By accessing and/or using the Platform, you are agreeing that we can process your information in the ways set out in our Privacy Policy.
- The Platform
The Platform is an e-commerce marketplace that allows customers (Buyers) to browse and buy auto spare parts related products.
We reserve the right to modify or discontinue the Platform at any time and without notice to you.
Furthermore, you accept that Platform unavailability may occur in order to allow for improvements, scheduled maintenance or may also be due to outside factors beyond our control.
- Account Registration and Use
In order to access and use the Platform, you must:
You can set-up your Account by following the process notified by us from time to time. You acknowledge that you will not be able to fully use the Platform until your Account has been activated and your complete details have been uploaded. We have the right to reject the creation of an Account for any reason.
You will be solely responsible for maintaining the confidentiality and security of your Account details. You may not share, assign, or permit the use of your Account or password with another person. You agree to notify us immediately if you become aware of any unauthorized use of your Account or password.
You are responsible for all use and all activities that occur under your Account(s) and will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your Account.
We may limit, suspend or withdraw your Account at any time, without notice, for breach of these Terms, or for any reason in our sole discretion.
- Payment
By placing an order on the Platform for online payment, you authorize our third-party payment processer to process your credit/debit card details for the amount of your order. In order to authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result. For the avoidance of doubt, we do not store or collect your card information.
We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
- Coupons (Promotional Discount)
From time to time and upon our sole discretion, we may present you with promotional discount via our scheme coupons, whether as a “percentage coupon” or a “value coupon” (“Coupon(s)”) for which the following policy (“Coupon Policy”) shall be applicable:
If you have been offered with any of our scheme Coupons, then you will be the sole party eligible to redeem the offer through your account. The Coupon(s) accordingly are not transferable to any 3rd party nor to other users or accounts.
Coupons and the applicable discount thereto are subject to a minimum purchase amount that might vary and shall be declared on the Platform.
To redeem a Coupon, you are required to place an order on the Platform to purchase one or any quantity of goods with the applicable minimum purchase amount, and then type the Coupon code into the promotional box where the discount will be automatically deducted from the final price.
Coupons cannot be:
Redeemable for cash, used to pay for taxes, shipping and handling or other charges.
Combined with any other Coupons and/or offers, discounts, promotional offers unless specified otherwise.
Certain goods may be excluded from the promotional discounts.
Coupons are subject to validity and will not be used upon expiry.
Coupons are subject to cancellation at our sole discretion without notice.
In the event of opt to cancel an order then;
If you use a Coupon and then decide to cancel the order, then the Coupon will be no longer valid and you will not be able to use it again
if you are canceling one or more items resulting that the order not achieving the threshold of minimum purchase amount, then the Coupon will not be applied to remaining items of the order and you will not be able to use the Coupon again.
Refund and returns will be subject to the Return Policy
- Refunds, Credits and Return of goods
Subject to the below, you may have the right to return any goods purchased on the Platform and request a replacement or refund by way of credit note to use against future purchases in accordance with the Sellers return policy (Return Policy) which can be viewed on the Platform at the time of placing an order.
- Third-Party Sites or Services
We may give you access to third-party sites or services through hyperlinks, API or other means on the Platform. We have no control over and do not monitor such third-party sites and we will not be liable to you for the content of these sites or your use of them.
We may present you with other third-party services on the Platform, such as delivery services and payment gateways. These services will be subject to a separate agreement between you and the service provider. We will not be liable to you for the use of such services, or for any failures on the part of these service providers.
Creating a link to our Platform is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
- Intellectual property
You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Platform and any associated software (Software), information on the Platform and Software and the design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of the Platform or the Software is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- Our Liability
Nothing in these Terms and Conditions shall limit or exclude a party’s liability:
For fraud, including fraudulent misrepresentation, perpetrated by that party;
For death or personal injury caused by the negligence of that party; or
For any other liability that cannot be limited or excluded under applicable law.
The services provided by us and the goods displayed on the Platform are provided “as is” without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Platform and services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
We shall not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption or loss of information) arising out of or in connect with these Terms and Conditions, even if we had been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
The Content or other information you provide when using the Platform;
Your use of or your inability to use the Platform;
Delays or disruptions in our services or the Platform;
Viruses or other malicious software obtained by accessing or linking to our Platform;
Bugs, errors or inaccuracies of any kind in our Platform;
The content, actions or inactions of third parties using our Platform, or providing services to you (including but not limited to Buyers, Sellers or our delivery partners);
A suspension or othe action taken by us with respect to your use of the Platform;
your need to modify practices, Content or behavior or your loss of or inability to do business as a result of changes to these Terms and Conditions; and unsatisfactory or delayed performance of our delivery partners.
Subject to the above, our total liability to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions shall be limited to the lower of: if you are a Buyer, the price of the item bought on our Platform and its original shipping costs.
- Payment and pricing
We are determined to provide the most accurate pricing information on the Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. As such, if an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged, or offline payment made. In the event that we are unable to provide the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
- Cooperation with Authorities
We have the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, we may disclose a user’s identity and contact information regarding a user’s account, transactions or activities carried on the Platform. We will not be liable for damages due to such disclosure, and you agree not to bring any claim against us for the disclosure.
- General Terms
Governing Law – these Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Sharjah.
Dispute Resolution – If you have an issue with the Platform or our services, please contact us. We will endeavor to resolve your issue as soon as possible. Any disputes or claims arising out of or in connection with these Terms and Conditions, including any non-contractual rights or obligations shall be referred to and finally resolved by the courts.
Communication – you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assignment – assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
Entire Agreement – these Terms and Conditions represent the entire agreement between us overriding any prior written or verbal agreements that may have been made.
Relationship between the Parties – these Terms and Conditions do not create an agency, partnership, joint venture, employment or franchise relationship between you and us.
Severability – If any clause of these Terms and Conditions is considered to be invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.
Waiver – if we do not enforce our rights or act against any breach by you under these Terms and Conditions, it does not mean that we are waiving our rights to enforce actions against you in the future.
Force Majeure – neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labor disruptions, blackouts, embargoes or a pandemic, epidemic or disease impacting the Party claiming to have been impacted by the relevant force majeure event).
Survival – all provisions that either expressly or by their nature survive, will survive suspension or termination of your Account.
Third Party Rights -A person who is not a party to these Terms and Conditions has no right to enforce any of its terms.
Last Updated : 15.06.2022