Terms & Conditions

Terms and conditions for website sale of tyres and tyre fitting services

1. Interpretation

These terms and conditions of sale (the "Terms of sale") govern your purchase of any product or service offered by dawaleeb on the www.Dawaleeb.Com website (the "Website").
Please read these terms of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. They also contain an arbitration clause and class action waiver.

By clicking on the "I agree button" or by placing an order, you ("You" and/or "Customer" herein) acknowledge that you have read, accepted, and agreed to be bound by these terms of sale, without limitation or qualifications. These terms of sale are subject to modification, so please read these terms of sale each time you make a purchase.

1.1 In these Conditions:

'DWB' means Dawaleeb.com, a group of companies represented on the territory of Operations.

  1. Kingdom of Bahrain under the representation of Dawaleeb Bahrain W.L.L. with CR No 139709 and governed and construed in accordance with the Laws of The Kingdom of Bahrain.
  2. UAE under the representation of Dawaleeb Technological Portal and governed and construed in accordance with the Laws of The United Arabs Emirates.
  3. Kingdom of Saudi Arabia under the representation of Dawaleeb Saudi W.L.L. and governed and construed in accordance with the Laws of The Kingdom of Saudi Arabia.

'DWB platform' means the website published by DWB on the World Wide Web of the Internet with the uniform resource locator https://www.dawaleeb.com, applications and mobile browsers.

'Conditions' means these terms and conditions for website sale of tyres and tyre fitting services.

'Contract' means the contract for the purchase and sale of the Goods as constituted and evidenced by the Customer's Order and the Order Confirmation.

'Customer' means the person whose offer for the Goods is accepted by DWB.

'Customer's Order' means an order from the Customer submitted to DWB through the DWB platform by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the DWB platform.

'Force Majeure' means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of DWB or of a third-party), difficulties in obtaining raw materials, labor, fuel, parts or machinery or power failure or breakdown in machinery;

'Fully Fitted Service' means the service provided by DWB for the sale of tyres to Customers via the DWB Platform and the subsequent arranging of fitting of such tyres to Customers' vehicles using third party service providers.

'Goods' means the tyres (including any fitting of the tyres or any parts for them) or services which DWB is to supply in accordance with these Conditions.

'Mail Order Service' means the service provided by DWB via the DWB platform  for the sale and delivery of tyres only to Customers.

'Order Confirmation' means confirmation in writing by DWB of acceptance of the Customer's Order issued prior to supply of the Goods to the Customer.

'Writing' includes electronic mail, telex, cable, facsimile transmission, and comparable means of communication.

2. BASIS OF THE SALE

2.1 DWB shall sell and the Customer shall purchase the Goods in accordance with the Customer's Order and Order Confirmation, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such offer is made or purported to be made by the Customer.

2.2 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the DWB Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon DWB to sell any item to the Customer.

2.3 No variation to these Conditions shall be binding unless agreed in Writing between authorized representatives of the Customer and DWB.

2.4 DWB's employees or agents are not authorized to make any representations concerning the Goods unless confirmed by DWB in Writing. In entering the Contract, the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

2.5 Any advice or recommendation given by DWB or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by DWB is followed or acted upon entirely at the Customer's own risk, and accordingly DWB shall not be liable for any such advice or recommendation which is not so confirmed.

2.6 Whilst every effort is made by DWB to ensure no such error or omission occurs, any typographical, clerical, or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by DWB shall be subject to correction without any liability on the part of DWB.

3. OFFERS AND SPECIFICATIONS

3.1 The Customer's Order shall not be deemed to be accepted by DWB unless and until the Order Confirmation has been issued to the Customer.

3.2 The Customer shall be responsible to DWB for ensuring the accuracy of the terms of the Customer's Order submitted by the Customer, and for giving DWB any necessary information relating to the Goods within a sufficient time to enable DWB to perform the Contract in accordance with its terms. DWB shall incur no liability resulting from inaccurate information being supplied by the Customer.

3.3 The quantity, quality, and description of and any specification for the Goods shall be those set out in the Order Confirmation.

3.4 DWB reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer's order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of DWB.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be the price specified by DWB in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in DWB's price list or website text on the DWB Site current at the date and time of the Order Confirmation.

4.2 DWB reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:

4.2.1 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or

4.2.2 any delay caused by any instructions of the Customer or failure of the Customer to give   DWB adequate information or instructions.

4.3 The price of the Goods shall be inclusive of any applicable Value Added Tax.

5. TERMS OF PAYMENT

5.1 Subject to any special terms agreed in Writing between the Customer and DWB,

DWB shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer's Order.  DWB shall debit the Customer's credit/debit card with payment in full for the Goods and applicable Value Added Tax on or after the date of the Customer's Order, or received the proportional EMI settlement agreed on the payment selection EMI (Installments).

5.2 The Customer shall be obliged to pay the price of the Goods on the date of the Customer's Order. DWB shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer.  The time of payment of the price shall be of the essence of the Contract.  Receipts for payment will be issued.

5.3 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorized by the issuer of the Customer's credit/debit card when processed by DWB then, without prejudice to any other right or remedy available to DWB, DWB shall be entitled to:

  • 5.3.1 cancel the Contract or suspend any further deliveries to the Customer.
  • 5.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and DWB) as DWB may think fit (notwithstanding any purported appropriation by the Customer); and
  • 5.3.3 charge the Customer interest (both before and after any decree or judgement) on any amount unpaid, at the rate of four per centper annum base rate on monthly basis, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

6. DELIVERY

6.1 Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by DWB or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by DWB.

6.2 Where a Customer has booked the Fully Fitted Service, delivery of the Goods shall be made by DWB when the Goods are fitted to the Customer's vehicle by the fitting Centre specified in the Order Confirmation or such other address as shall be approved of in advance by DWB.

6.3 Any dates quoted for delivery and/or fitting of the Goods are approximate only and not guaranteed and DWB shall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused.  Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by DWB in Writing. Where the Mail Order Service is booked by the Customer, the Goods may be delivered by DWB in advance of the quoted delivery date upon giving reasonable notice to the Customer.

6.4 If the Customer fails to take delivery of the Goods or fails to give DWB adequate delivery instructions in the Customer's Order then, without prejudice to any other right or remedy available to DWB, DWB may:

  • 6.4.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
  • 6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
  • 6.4.3 return the Goods to the supplier and charge the Customer for any costs incurred because of such return.

6.5 Delivery of the Goods shall be evidenced by the return to DWB of its or its authorized carriers' official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.

7. LIABILITY

7.1 DWB shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer's Order. DWB shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise therefrom.

7.2 DWB shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow DWB's instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without DWB's approval.

7.3 Save as expressly provided in these Conditions, all warranties, conditions, or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.

7.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to DWB in Writing within 48 hours from the date of delivery or fitting (in the case of Fully Fitted Service) or where the defect or failure was not apparent on reasonable inspection) within 24 hours after discovery of the defect or failure.

7.5 Where DWB is the subject of any claim regarding damage caused to the vehicle or wheels during the Fully Fitted Service, the DWB fitter must be given the opportunity to inspect and rectify the claimed damage.

 Work carried out by third parties without an inspection at a fitter designated by DWB, or that has not been agreed with DWB in writing prior to the work being completed, will not be covered by DWB.

7.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to DWB in accordance with these Conditions, DWB shall be entitled to replace the Goods (or the part in question) free of charge or, at DWB's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but DWB shall have no further liability to the Customer or any other person.

8. GENERAL

8.1 DWB may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.

8.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

8.3 No waiver by DWB 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.

8.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and DWB in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto.  In particular, the Customer may not rely on any statements made by any employee, representative or agent of DWB.

8.6 DWB may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity.  Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with DWB.

8.7 The Contract shall be governed by the law of the country or territory the purchase was made off.