CARBON BIKE REPAIR CONSUMER STANDARD TERMS AND CONDITIONS OF BUSINESS
These terms and conditions were last updated on 1 December 2024
1. Our Terms
1.1 What these Terms cover. These are the terms and conditions on which we
supply the Services to you (the “Terms”).
1.2 Why you should read them. Please read these Terms carefully before you
accept our Quotation for the Services. These Terms tell you who we are, how we
will provide the Services to you, how you and we may change or end the
contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Carbon Wizard Bicycle Repair a company registered in
UAE. Our company registration number is 33531 and our registered office is at
Units 5,6,7 & 8. New Industrial Area. Umm Al Quwain. UAE Our registered VAT
TRN number is 104053830600003.
2.2 How we may contact you. If we have to contact, you we will do so by
telephone or by writing to you at the email address or postal address you have
provided to us.
3. Interpretation
3.1 In these Terms, the following definitions apply:
“Bike”: for the purposes of these Terms can mean the entire bike or
alternatively the bike frame/frameset, wheels, or component parts.
“Charges”: fees for Services rendered.
“Customer” “you” “your”: the person to whom we provide the Services on
behalf of.
“Data Protection Legislation”: all legislation and regulatory requirements in
force from time to time relating to the use of personal data and the privacy of
electronic communication including but not limited to any data protection
legislation in force in the UAE; General Data Protection Regulation.
“Estimated Charges”: the approximate value of the charges determined by us
and payable by the Customer for the Services as set out in the Quotation.
“Final Charges”: total amount of money due from the Customer for the Services
completed.
“Order”: the Customer request for the Services submitted in store, online via the
Website, by email or over the phone.
“Personal Data”: means any information that relates to an identified or
identifiable individual under the Data Protection Legislation.
“Personnel”: persons employed by Carbon Bike Repair Limited.
“Quotation”: formal statement setting out the Services required, approximated
date of completion and Estimated Charges for the Services.
“Services”: the services supplied by the Supplier to the Customer as set out in
clause 3 and any specific Quotation.
“Ship” “Shipping” “Shipped” “Shipment”: means the process of transportation
of the Bike any components and via through a courier.
“Supplier” “We” “Our” “Us”: Carbon Wizard Bicycle Repair whose trading
premises is Units 5,6,7 and 8 New Industrial Area, Umm Al Quwain. UAE
“Terms”: these terms and conditions as amended from time to time.
“Website”: https://carbon-wizard.com
“Working Days”: a day that is not a Saturday or Sunday, Christmas Day, Good
Friday or any other day that is a UAE national holiday.
4. Our contract with you
4.1 Initially when you contact us or are referred to us from your bike shop, you
will provide us with all information as set out at clause 7.1.1. We will look at the
carbon/mechanical damage identified on the Bike or if replacement paintwork to
the Bike is required that can be usually identified in any photographic images
you send. Based solely upon what we can assess from the images provided, we
will provide you with the Estimated Charges in a Quotation which will be emailed
across to you.
4.2 If you are happy for us to proceed based on the Quotation and following on
from us gaining physical possession of your Bike as per clause 5, we shall
perform a review solely of the area identified as incurring carbon/mechanical
damage or requiring replacement paintwork on the Bike to identify the degree
of any carbon/mechanical/replacement paintwork required which cannot be
fully visible and identified from the photographic images provided.
4.3 Following on from this review and based on the ability to fully assess the
area identified as incurring carbon/mechanical or requiring paintwork we may,
at our discretion, revise our Estimated Charges in a further Quotation sent to
you. We will, if the Estimated Charges do increase/decrease or remain the same
as initially provided in our Quotation, raise a ticket number for your Order
confirming the Estimated Charges and provide you with a Quotation for your
acceptance. Once you accept our Quotation, by assigning a ticket number to
your Order it will help us if you can tell us the ticket number provided whenever
you contact us about your Order.
4.4 How you will accept our Quotation. Your acceptance of our Quotation will
take place when you call or email to accept it, at which point a contract will come
into existence between you and us. The Quotation(s) and these Terms
represents the entire agreement between the parties. These Terms are the sole
terms and conditions that we contract with you. You acknowledge that you have
not relied on any statement, promise or representation made or given by us
which is not set out in these Terms.
4.5 Note that if you decide you do not wish to go ahead prior to any of the
Services being performed by us to your Bike based upon the Quotation, it will be
your responsibility to either collect the Bike from us or arrange for a courier (at
your own expense) to collect the Bike from us.
4.6 We may revise these Terms from time to time in the event there are changes
in relevant laws and regulatory requirements. Every time you Order a Service
from us, the Terms in force at that time will apply to the contract between you
and us.
5. Delivery of your Bike
5.1 You can then either:
(i) opt to bring your Bike into us yourself.
(ii) have it Shipped (at your own expense) to us; or
(iii) arrange for it to be dropped off at ANY of our Trusted Bike shop/ Mechanic
Partners see list on Delivery & Shipping Page
5.3 If you have asked to deliver the Bike to us at our premises, you can deliver it
at any time during our working hours of 9.00 – 17.00 on weekdays (excluding
public holidays).
5.4 If, following completion of the Services, you do not collect the Bike from us as
arranged within twenty (20) Working Days of completion, we will contact you for
further instructions and may charge you for storage costs.
6. Supply of Services and our obligations
6.1 We offer the following services (collectively the “Services”):
6.1.1 Carbon Repair Services: the damaged area of the Bike is reconstituted.
6.1.2 Paint Restoration Service: the affected area of the Bike is resprayed in
order to achieve the best possible match in both design and colour.
6.1.3 Full Paint Respray Service: stripping down the paint work and respraying
to the customer’s requirements.
6.1.4 Bicycle Inspection Service: identifying both carbon and mechanical
damage to the Bike; and
6.1.5 Mechanical Services: Our Trusted Bike Shop/ Mechanics Partners – bicycle
dis-assembly and re-assembly including general servicing and maintenance.
6.2 All Services are described on our website and are subject to availability. We
will inform you by email as soon as possible if the Services you have ordered are
not available and we will not process your Order if already made.
6.3 You acknowledge that although we will make all reasonable efforts to
reproduce the contour of the Bike shape provided it is safe to do so, we will not
provide any guarantees regarding the matching of carbon weaves, weights, or
finishes to the Bike.
6.4 Whilst undertaking performance of the Repair Services, we can protect the
repaired area of the Bike with a single colour block spray to protect the repair
work or alternatively, we can offer the Paint Restoration Service.
6.5 We will use all reasonable endeavours to make sure the finish / restoration
to your Bike in the performance of the Paint Restoration Service or the Full Paint
Respray Service is to the best of our abilities. We however cannot guarantee an
exact reproduction as original as this will be determined by feasibility and the
availability of paints, decals, and other factors. We shall seek to colour match as
closely as possible to produce an accurate representation.
6.6 If in the course of carrying out the Services, we discover additional areas of
damage to the Bike that you had not informed us of/were not aware of, and in
the interests of health and safety and satisfactory completion of the Services,
additional repair work would be necessary, we will promptly contact you to
obtain approval for carrying out the additional Services and consent to the
Charges for the additional works required. Note if we do not receive your
approval to carry out the applicable additional repair work which are required in
the interests of health & safety, and we consider further use of the Bike as
hazardous we reserve the right to terminate carrying out the Services already
agreed to.
6.7 If we discover a manufacturing defect with the Bike during the course of
carrying out the Services or as the result of any Bicycle Inspection Services
undertaken, we will notify you as soon as is practicable. Manufacturing defects
can usually be remedied through the manufacturer if within the specified
warranty period and proceed no further with the Services until we have your
written confirmation to do so. Note that with any work carried out to remedy a
defect to the Bike we identify as a manufacturing defect will only repair the
symptom of the defect and will not alter the latent design elements to the Bike
originating from its manufacture. We accept no liability for further
defects/damage incurred to the Bike following our repair which are inherently
the result of a latent manufacturing defect.
6.8 Any timeframes for the completion of the Services given by us are estimates
only. We will use all reasonable endeavours to keep to such estimated
timeframes however we will not be liable to you for any delays in completion of
the Services.
6.9 We do not accept responsibility or liability for any delay in completion of the
Services caused by circumstances beyond our control. If there is a substantial
delay, you may contact us and look to cancel the Order. You will remain liable
for payment of Charges incurred for all Services undertaken up to and including
the date you cancel your Order.
7. Customer Rights and Obligations
7.1 In order to allow for us to undertake the Services, you agree to the following
prior to commencement:
7.1.1 Disclose to us all material facts known by you about the condition of the
Bike, including the cause of any accident, the damaged areas of the Bike and
historic issues with respect to the bicycle, frame/frameset, wheel or
components.
7.1.2 Only provide any parts/components we have expressly advised you to
provide us with to complete the Services. We hold no liability in the event of any
loss or damage to parts/components which we had advised you were not
required to perform the Services but were included when the Bike came into our
possession.
7.1.3 You are required to strip all parts/components not required for repair from
the Bike prior to us receiving it, unless otherwise agreed. If you do not and we
need to remove parts/components from the Bike in order to repair and/or
inspect the necessary area of the Bike we will do so however unless instructed
otherwise and agreed with us, parts/components of the Bike will not be refitted.
It is your responsibility to ensure the Bike is serviced and safe to ride following
repair; and
7.1.4 If you do not strip the Bike before we inspect and / or repair the Bike as per
clause 7.1.3, then we reserve the right to make (and you agree to pay), additional
costs incurred for stripping the Bike in order to carry out the Services.
7.2 Your rights to end the contract. You have the legal right as a consumer to
cancel the Order within 14 days of entering into the contract. This means that
during the 14-day period, if you change your mind or decide for any other
reason that you do not want to receive the Services, you can notify us of your
decision to cancel. To cancel the Order if you have changed your mind before
any of the Services have been performed, you must contact us in writing by
sending an email to info@carbon-wizard.com telephoning us at +971 565083810
or use the online form on our Website. This may be subject to any reasonable
deductions (and you will have to incur your own expense to have the Bike
delivered back to you). You may wish to keep a copy of your cancellation
notification for your own records. If you use the online form, we will email you to
confirm we have received your cancellation. If you send us your cancellation
notice by email or by post, then your cancellation is effective from the date you
email or post it to us.
7.3 You don’t have a right to change your mind. You do not have the right to
change your mind in respect of Services, once completed, If you cancel the
Order after we have started the Services, you must pay us for the Services
provided up until the time you tell us that you have changed your mind. The
cancellation right does not apply in the case of the following which may only be
returned to you if they are faulty:
7.3.1 Personalised and made to order products; or
7.3.2 Any products which become mixed inseparably.
7.4 If there is a problem with the Services. If you have any questions or
complaints about the Services, please contact us. email at on +971 565083810
info@carbon-wizard.com or alternatively, please speak to one of our staff in-
store.
7.5 Summary of your legal rights. We are under a legal duty to supply the
Services that are in conformity with these Terms. Below is a summary of your
key legal rights in relation to the supply of the Services. Nothing in these Terms
will affect your legal rights:
7.5.1 You can ask us to repeat or fix a Service if it’s not carried out with
reasonable care and skill or get some money back if we cannot fix it.
7.5.2 Any additional Charges you may be asked to pay must be reasonable; and
7.5.3 Any repeat of the Services must be carried out by us within a reasonable
time.
8. Payment of Charges
8.1 We will invoice you for the Final Charges in consideration for the Services
performed when we have completed them.
8.2 We reserve the right to retain possession of your Bike until we are in receipt
of payment of the Final Charges in full and cleared funds.
8.3 The invoice comprising of the Final Charges will also separately detail (unless
not applicable) any additional fees incurred for Shipping, handling, or insurance
costs.
8.4 It is at our discretion to ask you to pay a deposit being 50% of the Estimated
Charges in our Quotation prior to the commencement of the Services.
8.5 Payment of the Final Charges is due within 5 Working Days of the date of the
invoice. Payment can be made over the phone by debit or credit card, by bank
transfer or in-store. If paying by bank transfer, please quote the invoice number
with the payment. Failure to do so can result in a delay of the Shipment of the
Bike back to you or being made available for collection.
8.6 Unless otherwise stated all Charges are inclusive of VAT at the current rate.
8.7 If you do not make payment to us of the Final Charges and any applicable
Shipping, handover or insurance costs by the due date we may charge interest
to you on the overdue amount at the rate of 10% a year above the Central Bank
of the UAE base rate from time to time. This interest shall accrue daily from the
due date until the date of actual payment of the overdue amount, whether
before or after judgment. You must pay us interest together with any overdue
amount.
8.8 The property in any parts/components supplied/installed by us will not pass
to you until all Final Charges have been paid in full and cleared funds by you.
9. Variations in the Charges
9.1 All Charges quoted are based on the prices current at the time of preparing
the Quotation, price of parts, materials, labour or other costs and charges which
may increase between the date of the Quotation and the completion of the
Services. Additionally, any Final Charges will also be dependent upon any further
works or parts identified as being necessary by us. We reserve the right to
increase such prices being subject to alteration by reference to any changes in
the price of raw materials, any item to be acquired by us from a third party and
other costs of production, speciality paints (metallic, pearlescent, candy colours
etc.) and speciality decals are not included in the Quotation. These will be
charged separately, if applicable. For the avoidance of any doubt, Charges
quoted are subject to correction in the event of errors or omissions.
9.2 All Charges given in the Quotations are estimates only and are not Final
Charges until after the Services has been completed by us.
9.3 If you fail to pay the Final Charges in accordance with clause 8 or fail to
collect or arrange collection of the Bike from us within twenty (20) Working Days,
it could result in the disposal/sale of the Bike in full or part satisfaction of the
outstanding Final Charges. We will endeavour, where possible, to make contact
with you if we intend to do so.
9.4 If you are collecting the Bike from us. We will only release the Bike for
collection to once payment of the Final Charges and any additional fees incurred
in accordance with clause 8.3 are made by you to us in cleared funds.
9.5 Please note that due to our production repair timescales you agree that
should we find an additional problem that necessities additional work up to an
increase of 250AED on the original estimate we will proceed with the works and
add the charge into the final invoice as an agreed charge.
10. Shipping
10.1 Following agreement of the Quotation provided, we may agree to arrange
to collect your Bike from you and return it to you following completion of the
Services via our nominated courier. All Shipping costs for instructing a courier
and the cost of the courier services will be borne by you.
10.2 We will notify you of which courier we shall be instructing to collect your
Bike and refer you to their terms of business. Any contract will be between you
and the courier, and we shall not be liable for payment of any Shipping costs
associated with instructing the courier.
10.3 We shall have no liability for any delay in delivery of the Bike or failure by
the courier to deliver the Bike, nor are we liable for loss or damage incurred to
the Bike whilst in possession of the courier.
10.4 It is your responsibility to insure the Bike during Shipping via the courier. If
you do require Shipping insurance, we can arrange for the Bike to be insured on
your behalf with a third-party insurer, prior the Bike being shipped. All costs for
instructing the insurer and the cost of the Shipping insurance will be borne by
you.
10.5 You are also liable for payment of all customs charges or other taxes that
may arise as a result of Shipping the Bike.
10.6 We are not liable for any Shipment that is found to be unacceptable by the
courier or any customs authorities, this includes but is not limited to any
prohibited or restricted items as defined by the couriers’ terms of business.
11. Warranties
11.1 Although we provide the Services with all reasonable skill and care we make
no warranty that the workmanship will meet your exact requirements.
11.2 We will not provide a warranty to repair areas of the Bike which we deem to
have been caused by or arisen from:
11.2.1 Fair wear and tear of the Bike.
11.2.2 Your assembly of the Bike.
11.2.3 Your maintenance of the Bike.
11.2.4 Any modification of the frame, fork, or components from the original
specifications or any installation of components, parts, or accessories not
originally intended for or compatible with the Bike.
11.2.5 Wilful damage, abnormal storage or working conditions, accident,
negligence by you or by any third party.
11.2.6 If you fail to operate or use the Bike in accordance with the user manual.
11.2.7 Any alteration or repair by you or by a third party who is not an
authorised repairer; or
11.2.8 Caused by a manufacturing defect to the Bike. Any such repairs will be
highlighted to you prior to the commencement of the Services.
Lifetime Warranty on Repairs:
11.3 Subject to this clause 11, we warrant, from the date of the Final Charges
invoice to you that the carbon fibre repair work undertaken to the Bike in
accordance with these Terms has a lifetime warranty, unless explicitly notified to
you, for the duration of ownership.
11.4 The lifetime warranty is conditional upon the Bike being operated under
normal conditions and use, and properly maintained and serviced. This warranty
does not apply to paint finishes or components attached to the Bike including
frame/frameset or wheels.
11.5 This warranty is non-transferable.
One Year warranty on paint restorations, customer resprays or standard paint
finish:
11.6 Subject to this clause 11, we warrant, from the date of the Final Charges
invoice to you that the Paint Restoration Service, custom respray, or standard
paint finish work undertaken to the Bike in accordance with these Terms has a
one (1) year warranty, unless we advise otherwise.
11.7 This warranty is conditional upon the Bike being operated under normal
conditions and use, and properly maintained and serviced.
11.8 This warranty is non-transferable.
11.9 To exercise your rights under this warranty, the Bike must be returned to
us, together with a proof of purchase / receipt.
11.10 Upon inspection, once we evaluate that the repair or paint finish is
covered by this warranty, it will be repaired, or at our sole discretion, (which is
conclusive and binding) the cost of the Carbon Repair Service, Paint Restoration
Service, custom respray or standard paint finish work which we had undertaken
and covered by this warranty will be refunded to you.
11.11 This warranty does not include the cost of travel or Shipping costs. Such
costs, if any, shall be borne by you.
11.12 This warranty will not apply where the manufacturer warranties do not
apply to a specific item or component of the Bike.
11.13 The repair or restoration is designed and engineered to restore the Bike to
the original manufacturers’ specification of the frame. Any use or riding outside
of the original manufacturers’ specification will void this warranty. Any
modification or tampering of the repair, paint finish or item will also void this
warranty. Any use of the frame for extreme activities will void this warranty. We
reserve the right to withdraw any warranty if in breach of these warranty terms.
Warranty on Component or Replacement Parts:
11.14 Components or replacement parts we purchase are covered by the
individual “Manufacturer Warranty Policy.” Every manufacturer has different
warranty policies and periods, depending on the brand and model.
11.15 If a part/component purchased from us is damaged and you believe it
should be covered by the Manufacturer’s Warranty Policy, please follow these
guidelines:
11.15.1 The replacement part or component must be presented to us, together
with a proof of purchase / receipt.
11.15.2 In almost all instances, the warranty does not include the cost of travel
or Shipping costs. Such costs, if any, shall be borne by you.
11.15.3 Should the manufacturer evaluate the component or replacement part
to be covered by their warranty and depending on the situation, we can repair,
replace, or refund the component/replacement part.
12. Termination
12.1 We may end this contract with you by writing if:
12.1.1 You do not make payment to us of the Final Charges when due and you
still do not make payment within ten (10) Working Days of us sending a
remainder to you that payment is due.
12.1.2 You do not, in accordance with clause 9.3 and having been sent a
remainder to collect or make arrangements to collect the Bike from us.
12.1.3 Following commencement of the Services it is discovered you have failed
to divulge the full extent of the condition of the Bike in accordance with clause
7.1.1 and it is apparent that the defects/damage incurred to the Bike are too
extensive to seek to remedy them; and
12.1.4 We become aware of any defects/damage to the Bike which we consider
in the interests of health & safety as a danger to you or others which you did not
previously bring to our attention or were not aware of and for which, following
us notifying you, we do not receive your approval for the additional repairs to be
made to remedy the defect/damage to the Bike.
12.2 Without prejudice to any other rights or remedies which the parties may
have, we may at our discretion, terminate the contract and/or suspend the
performance of the Services if you:
12.2.1 Commit a breach of any of these Terms and (if such a breach is
remediable) fails to remedy that breach within twenty (20) Working Days of
being notified in writing of the breach; or
12.2.2 Suspend, or threatens to suspend, payment of your debts or is unable to
pay your debts as they fall due or admits liability to pay its debts.
12.3 On termination of this contract for any reason, you shall immediately pay us
any outstanding unpaid invoices and Charges incurred and not yet invoiced.
Failure to do so will result in us retaining your Bike until such time as payment of
all outstanding unpaid invoices and Charges have been made in full and in
cleared funds.
Other important terms
12.4 We will only use your personal information in accordance with the Data
Protection Legislation.
12.5 We may transfer our rights and obligations under these Terms to another
organisation. We will always tell you in writing if this happens and we will ensure
that the transfer will not affect your rights under these Terms.
12.6 This contract is between you and us. No other person shall have any rights
to enforce any of its Terms. Neither of us will need to get the agreement of any
other person in order to end the contract or make any changes to these Terms.
12.7 Each of the paragraphs of these Terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
12.8 If we do not insist immediately that you do anything you are required to do
under these Terms, or if we delay in taking steps against you in respect of your
breaching these Terms, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a later date. For
example, if you miss a payment and we do not chase you, but we continue to
provide the Services, we can still require you to make the payment at a later
date.
13. Data Protection and Data Processing
13.1 We will process Personal Data in accordance with the Data Protection
Legislation and any supervening legislation.
13.2 We shall, in respect of our processing of your Personal Data under these
Terms:
13.2.1 Process such data only in accordance with your instructions and to the
extent, and in such a manner as is necessary for the provision of the Services
and shall not process the Personal Data for any other purpose.
13.2.2 Not disclose the Personal Data to a third party other than at your request
or for the lawful performance of the Services for example to the courier to Ship
the Bike or to Head for the Hills to arrange collection/delivery of the Bike.
13.2.3 Promptly comply with any request from you requiring the amendment,
transfer, or deletion of your Personal Data.
13.2.4 Take such technical or organisational measures against unauthorised or
unlawful processing of Personal Data and against accidental loss or destruction
of, or damage to, Personal Data as are appropriate.
13.2.5 Protect against unauthorised or unlawful processing of Personal Data and
against accidental loss or destruction of, or damage to, Personal Data,
appropriate to the harm that might result from the unauthorised or unlawful
processing or accidental loss, destruction or damage and the nature of the data
to be protected, having regard to the state of technological development and the
cost of implementing any measures. Such measures may include, where
appropriate:
13.2.5.1 Pseudonymising and encrypting Personal Data.
13.2.5.2 Ensuring confidentiality, integrity, availability and resilience of our
systems and Services.
13.2.5.3 Regularly assessing and evaluating the effectiveness of the systems and
Services.
13.2.5.4 Immediately notify you if we receive any complaint, notice or
communication which relates directly or indirectly to the processing of Personal
Data or to either party’s compliance with Data Protection Legislation and shall
provide you with full co-operation and assistance in relation to any such
complaint, notice or communication.
13.2.5.6 Promptly inform you if any Personal Data is lost or destroyed or
becomes damaged, corrupted or unusable.
13.2.5.7 Ensure that access to the Personal Data is limited to:
i) Those Personnel who need access to the Personal Data to meet our
obligations under these Terms; and
ii) In the case of any access by any Personnel, such part or parts of the Personal
Data as is strictly necessary for performance of that individual’s duties; and
13.2.5.8 Ensure that all Personnel:
i) Are informed of the confidential nature of the Personal Data; and
ii) Are aware both of our duties and their personal duties and obligations under
such laws and these Terms.
13.3 We shall provide you with full co-operation and assistance in relation to any
request made to have access to your Personal Data.
14. Confidentiality
14.1 Both the parties will keep in strict confidence all technical or commercial
know how, specification, invention, processes, or initiatives which are of a
confidential nature and have been disclosed to the other party, its Personnel,
agents, or subcontractors. The receiving party shall restrict disclosure of
confidential information to such Personnel, employees, agents, or
subcontractors as need to know it for the purposes of these Terms.
14.2 A party may disclose confidential information where required to do so by
law, a court order or other governmental or regulatory authority.
14.3 This clause shall survive the termination of the contract.
15. Limitation of Liability
15.1 We do not in any way exclude or limit our liability for:
15.1.1 Death or personal injury caused by our negligence.
15.1.2 Fraud or fraudulent misrepresentation.
15.1.3 Any breach of the terms implied by section 12 of the Sale of Goods
Act 1979 (title and quiet possession).
15.1.4 Any breach of the terms implied by section 13 to 15 of the Sale of
Goods Act 1979 (description, satisfactory quality, fitness for purpose and
samples); and
15.1.5 Defective goods under the Consumer Protection Act 1987.
15.2 All items (including the Bike) left with us are at your own risk. We are
not liable and cannot issue any compensation to you for any theft or
damage that may have occurred during Shipping or whilst in our
possession.
15.3 Our total liability to you in respect of all other loss or damage arising
under or in connection with these Terms, whether in contract, tort
(including negligence), breach of statutory duty or otherwise, shall in no
circumstances exceed the Final Charges paid by you to us for the Services
in question.
15.4 We shall have no liability to the Customer for additional faults
discovered to the Bike in accordance with clause 6.6 which you have
declined to instruct us to repair.
15.5 In the event that our works uncover faults or defects, and you decline
to instruct us to make repairs then we accept no liability for any loss or
damage that may arise as a result of the defect.
15.6 If we fail to comply with these Terms, we are responsible only for loss
or damage you suffer that is a foreseeable result of our breach of these
Terms or our negligence, but we are not responsible for any loss or damage
that is not foreseeable. Loss or damage is foreseeable if they were an
obvious consequence of our breach or if they were contemplated by you
and us at the time we entered into the contract.
15.7 These Terms only apply if you are a consumer wanting to use our
Services. We have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
16. Indemnity
16.1 You shall indemnify us against all liabilities, costs, expenses, damages, and
losses (including direct, indirect, or consequential losses, loss of profit, loss of
reputation and all interest, penalties, and legal and other costs) we suffer or
incur arising out of your breach or non-performance of these Terms.
16.2 Notices:
16.2.1 A notice under these Terms must be given in writing and shall be
delivered to us personally in-store, by first class post to Units 5,6,7,8. New
industrial area. Umm al Quwain UAE by email to info@carbonbikerepair.com
16.2.2 This clause shall not apply to the service of any proceedings or other
documents in any legal action.
16.3 Disputes:
16.3.1 The parties will use their best efforts to negotiate in good faith and settle
any dispute that may arise out of or relate to these Terms or any breach of it.
16.3.2 If any dispute cannot be settled amicably through negotiations between
the parties, either party may propose to the other in writing that structured
negotiations be entered into with the assistance of a fully accredited mediator
before resorting to litigation.
16.3.3 Any dispute shall not affect the parties ongoing obligations under these
Terms.
16.4 Governing Law: These terms are governed by the law of the United Arab
Emirates
website
1. Introduction:
This website carbon-wizard.com, (“Website”), is owned and operated by Carbon-
wizard Bicycle repair , trading as Carbon-wizard, a limited liability company duly
organized under the laws of the United Arab Emirates (“UAE”), under the
Commercial License number 33531, whose registered address is at Units 5,6,7 & 8,
New Industrial Area , Umm Al Quwain
For the purposes of these Terms and Conditions “Carbon-wizard”, “We”, “Our” and
“Us” refers to Carbon-wizard Bicycle repair. Please review these Terms and
Conditions carefully before using this Website. Your use of this Website indicates
your agreement to be bound by these Terms and Conditions.
We may amend these Terms and Conditions at any time without any notice, and
such amendments become effective from the date upon which We make them
available on the Website. Please check this Website periodically for updates to these
Terms and Conditions.
These Terms and Conditions apply whether you are accessing this Website though a
computer system, via a mobile device or by using any app that is provided by Us.
2. Limited License:
You are granted a limited, non-exclusive, revocable and non-transferable license to
utilize and access the Website pursuant to the requirements and restrictions of these
Terms and Conditions. We may change, suspend, or discontinue any aspect of the
Website at any time. We may also, without notice or liability, impose limits on certain
features and services or restrict your access to all or portions of the Website. You
shall have no rights to the proprietary software and related documentation, if any,
provided to you in order to access the Website. Except as provided in the Terms and
Conditions, you shall have no right to directly or indirectly, own, use, loan, sell, rent,
lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create
any new or derivative works from, or display, distribute, perform, or in any way exploit
the Website, or any of its contents (including software) in whole or in part.
3. Data Protection:
We, at Carbon-wizard, respect your right to privacy and your desire for a secure
online shopping experience. Any personal information (“Personal Information”) you
supply to Us when you register with Us and/or use this Website will be used in
accordance with Our Privacy Policy (“Privacy Policy”). By providing your Personal
Information to Us, you signify your acceptance of this Privacy Policy and agree that
We may collect use and disclose your Personal Information as described in the
Privacy Policy.
Our Privacy policy will be continuously assessed to help adapt with new
technologies, business practices and our customer needs. For these reasons, we
may amend this Privacy Policy at any time without any notice and such amendments
become effective from the date upon which we make it available on the Website.
Please check this Website periodically for updates to Our Privacy Policy. If you do
not agree with Our Privacy Policy, please cease immediately the use of this Website.
If you are aged under 18 you must let your parent or legal guardian know about our
Privacy Policy before you register/use this Website or any of the services.
The following states our Privacy Policy.
4. Intellectual Property:
All content available on the Website, including, but not limited to, text, graphics,
logos, buttons, icons, images, audio clips, data compilations, and software, and the
compilation thereof (“Content”) is the property of Carbon-wizard, Our affiliates, Our
partners or Our licensors, and is protected by the applicable laws and regulations.
The trade marks, logos, and service marks displayed on the Website (“Trade Marks”)
are the registered and unregistered marks of Carbon-wizard, Our affiliates, Our
licensors or Our partners, in the UAE and other countries, and are protected by UAE
and international trade mark laws. All or any other trademarks not owned by Us, our
affiliates, our partners or our licensors that appear on the Website are the property of
their respective owners, who may or may not be affiliated with, connected to, or
sponsored by Us.
Except as set forth in the limited license in the section entitled “Limited License”
above, or as required under applicable law, neither the Content, the Trade Marks,
nor any other portion of the Website may be used, reproduced, duplicated, copied,
sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any
purpose without Our prior written consent.
5. Use of the Website:
You may only use this Website in accordance with these Terms and Conditions and,
in any event, for lawful and proper purposes which includes complying with all
applicable laws and regulations of the UAE or other jurisdiction from which you are
accessing this Website.
YOU MUST NOT:
• conduct or promote any illegal activities while using this Website. This includes any
activities such as breach of copyright, infringe on privacy or infringe any third-party
rights as well as activities that are defamatory to third persons; or
• use this Website to generate unsolicited emails, spam or promotional materials to
other users; or
• do anything to cause damage to this Website or other users of the Website,
including any technical damage to the other computers; or
• send any viruses or other material designed to adversely affect the operation of the
Website, affect any other users of the Website or affect any equipment or any data in
the Website; or
• attempt to gain access to the Website or the system that runs the Website; or
• interfere with the security of the Website, its services, system resources or network;
or
• use the Website in any manner that could damage, overburden or impair the
Website nor harvest or otherwise collect any information about the uses; or
• link to the Website without seeking our prior written consent; or
• frame the Website on another website without seeking our prior written consent; or
• charge third parties for accessing the content of the Website, nor can you in any
way commercialize its content; or
• change, edit, add to or produce summaries of its content anywhere else; or
• disclose your contact details including but not limited to phone numbers,
addresses, or email addresses anywhere on the Website including the feedback
area, discussion forum or through any e-mail feature of the Website intended to
bypass use of the Website.
It is illegal to place orders under a false name, with a fraudulently obtained credit
card or without the consent of the cardholder. Where We believe (in Our absolute
discretion) that you are in breach of any of these Terms and Conditions, without
prejudice to any of Our other rights (whether at law or otherwise), We reserve the
right to:
• Cancel your orders and/or bookings without reference to you; and/or
• Deny you access to this Website.
We will take reasonable measures to ensure constant availability of the Website;
however, we do not warrant that this Website will be always available and that it will
operate without any interruption due to connectivity issues or other. We reserve the
right to restrict the use or suspend the use of this Website from time to time to
complete update, repairs or maintenance of the Website.
We may make improvements or changes to the information, services, products and
other materials on this Website, or terminate this Website, at any time without notice.
We may also modify these Terms and Conditions at any time, and such modification
shall be effective immediately upon posting of the modified Terms and Conditions on
this Website. Please check this Website periodically for updates to these Terms and
Conditions. Accordingly, your continued access or use of this Website is deemed to
be your acceptance of the modified Terms and Conditions.
6. Security:
While We take all reasonable measures to ensure that this Website is safe to use,
we do not warrant that this Website is virus free or free from any other things which
may be of a damaging nature. We shall not be held responsible for any loss or
damage caused by a virus or other material that may be harmful to your equipment
or data as result of your use of this Website.
7. Links to Other Websites:
This Website may include links to other internet sites. We do not endorse any such
Websites and We are not responsible for the information, material, products or
services contained on or accessible through those Websites. Your access and use of
such Websites remain solely at your own risk.
You may only link to this Website with Our express written permission. We expressly
reserve the right to withdraw Our consent at any time to a link which in Our sole
opinion is inappropriate or controversial.
8. Representations and Warranties: Limitation of Liability
Nothing in these Terms and Conditions is intended to affect your rights as a
consumer under the laws of the UAE.
The use of the Website or any of the services or products available thereon is at your
own risk, and unless otherwise stated in these Terms and Conditions, you assume
full responsibility and risk of loss resulting from your use of the Website or any of the
services or products available thereon.
UNDER NO CIRCUMSTANCES, SHALL CARBON-WIZARD OR ANY OF ITS
AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS
OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF
CARBON-WIZARD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO
EVENT WILL CARBON-WIZARD OR ANY OF ITS AFFILIATES, EMPLOYEES,
DIRECTORS, OFFICERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT
TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND
ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
9. Orders:
When you make a purchase through Beyond The Bike Website, you are offering to
buy products for the price stated, subject to these Terms and Conditions. All orders
are subject to acceptance and availability.
Within 1 day of our receipt of your order, you will receive a confirmation of your order
by email, along with your order reference number.
Carbon-wizard reserves the right to withdraw any products from the Website and
may, in its sole discretion, refuse to process an order for any reason at any time.
Without prejudice to your statutory rights as a consumer, we will not be liable to you
or a third party by reason of us withdrawing any product or refusing to process any
order.
We hold the right to cancel any order fully or partially in case the order contains more
than 2 pieces of the same product. If We cancel an order it will be without charge to
you.
10. Price and Payment:
All prices are quoted in United Arab Emirates Dirham (AED). Except in the case of
manifest error, the prices payable for Products that you order are as set out on the
Website at the time at which you place your order. If We discover an error in the
price of products you have ordered, we will contact you as soon as possible. You will
have the option of either confirming your order at the correct price or cancelling it. If
We are unable to contact you, we will treat your order in respect of the incorrectly
priced product as cancelled.
Carbon-wizard reserve the right to refuse payments in its reasonable discretion.
If you order products, you agree to pay the full amount payable for such products as
indicated during the order process, along with any shipping costs or other charges
applicable to that order including any applicable taxes and duties.
You confirm that the payment card that is being used is yours or that you have been
specifically authorized by the owner of the payment card to use it. All payment
cardholders are subject to validation checks and authorization by the card issuer. If
the issuer of your payment card refuses to authorize payment, we will not be liable
for any delay or non-delivery.
All payment card transactions on the Website are processed using a secure online
payment gateway that encrypts your card details in a secure host environment. To
help ensure that your shopping experience is safe, simple and reliable, the Website
uses Secure Socket Layer (SSL) technology.
We take reasonable care, in so far as it is in our power to do so, to keep the details
of your order and payment secure, but in the absence of negligence on our part we
cannot be held liable for any loss you may suffer if a third party procures
unauthorized access to any data you provide when accessing or ordering from the
Website.
11. Description of Products:
The Products depicted in the Website are as seen. The reproduction of colors and
styles are as accurate as photographic and image processing will allow. Carbon-
wizard does not accept responsibility for slight variances in color and style.
12. Cancellation, Returns and Defective Products:
Cancellation
Unless there has been an error on our part, or the Product you purchased is
defective, we cannot accept returns on (1) personalized Products (as these cannot
be sold to anyone else), (2) cameras or (3) tech Products.
Returns
If you want to return a Product, contact us, indicating which Product(s) and the
number of Products to be returned and your reason for return. If the Product is
returnable under these Terms and Conditions, we will arrange for the pickup of such
Product(s) after our receipt of your return request.
Returns should be made within 14 days of delivery and should be sent back in their
original condition and original packaging provided. Clothing, Swimwear and Caps
must be unworn and in perfect condition, with all the labels/tags. Swimming
costumes and bikini bottoms should be tried on over underwear. Returns may not be
accepted if the protection strip has been removed (swimming wear) and will be
returned to you.
Defective Products
If you return a Product because of an error on our part, or because it is defective,
this Product(s) must be returned in the condition in which you received it within 14
days of delivery. We will arrange for the pickup of such Product(s) after our receipt of
your return request.
13. Refunds and Exchanges:
Exchanges
When both parties agree to exchange the products, Beyond The Bike will initiate the
exchange process upon receiving the returned items. The exchanged product will be
shipped with an additional charge of 15 AED.
Exchange at Store
• Once Confirmed if the Exchange Product is available.
• Bring the item in its original packaging along with the invoice to Beyond The Bike
Motar City Store.
• Original tags must be attached to them.
• Item/s should be in good condition and not used.
Refunds
Upon confirming that returned items meet the criteria above and qualify for
compensation to the customer, we will refund the value paid by the customer in full,
on any payments made via Debit/Credit Card (AED 15.00 will be deducted from the
refunded sum, to cover for shipping costs).
14. Delivery:
Carbon-wizard will deliver the products ordered by you to the address, which you
give for delivery when you make your order. You may specify a delivery address
which is different from your invoice address, if, for example, you would like Us to
deliver the Products directly to a friend, a relative, or to your place of work. Delivery
charges may apply and are as laid out on Website or as indicated during the order
process. Delivery will be made as soon as possible and usually within 2 Working
Days of our receipt of your payment.
15. Passing of property and risk:
Carbon-wizard retains legal ownership of the product(s) until full payment has been
made and such payment has been received. Legal ownership of the product(s) will
immediately revert to Us, if payment is refunded to you. Risk on the product(s) will
pass to you upon delivery.
16. Governing Law and Jurisdiction:
These Terms and Conditions shall be exclusively governed by and construed in
accordance with the laws of the United Arab Emirates and you irrevocably submit to
the exclusive jurisdiction of the courts of the United Arab Emirates.
17. Contacting Us:
You can contact Carbon-wizard whether to trace your order or for any other reason
by emailing us at contact@beyondthebeach.com In all instances, please be ready to
supply relevant information which We will require from you in order to identify your
order. You can also contact us directly by telephone on +971 4 289 4858.
18. Gift Voucher Terms and Conditions:
• Gift vouchers can only be redeemed against products shown on this Website
• Only gift vouchers stamped with the Carbon-wizard L.L.C company stamp are valid.
• Gift Vouchers cannot be exchanged for cash and are not refundable or
transferable.
• Gift Vouchers which are defaced, altered or cancelled will not be accepted.
• Gift vouchers may be exchanged for products of a higher or equal price than the
face value on this voucher.
• Gift vouchers are redeemable in the UAE only.
• We reserve the right to change the Terms and Conditions at any time.
• Products on sale are not eligible for coupon codes or promo codes.
18.a Ramadan Offers Terms and Conditions:
• Returns/Exchanges will not be accepted on items that are included in a bundle or
offer.
19. Miscellaneous:
These Terms and Conditions (together with the Privacy Policy) contain all the terms
of your agreement with Us relating to your use of this Website. No other written or
oral statement (including statements in any brochure or promotional literature
published by Us will be incorporated.
If any of the provision of these Terms and Conditions is held to be illegal or
unenforceable, the other terms of these Terms and Conditions shall not be affected
and shall remain in full force and effect.
No waiver by Us shall be construed as a waiver of any rights or remedies, or any
subsequent breach of any provision of these Terms and Conditions.
You and Carbon-wizard are independent contractors, and these Terms and
Conditions will not, in whole or in part, establish any relationship of partnership, joint
venture, employment, franchise or agency between you and Carbon-wizard. Neither
party will have the power to bind the other or incur obligations on the other’s behalf
without the other’s prior written consent. Neither party is authorized to act as an
agent or representative of the other or for or on behalf of the other party in any
capacity other than as expressly set out in the Terms and Conditions. Neither party
shall advertise, represent or hold itself (or any of its agents) out as so acting or being
authorized so to act, or incur any liability or obligation on behalf of, or in the name of,
the other party, unless specifically provided for in these Terms and Conditions.
We make no warranty whatsoever for the reliability, stability or any virus-free nature
of any software being downloaded from this Website, nor for the availability of the
download sites where applicable.
All software products downloaded (where applicable) from any section of this
Website or via a link pointed to by this Website are downloaded, installed, and used
totally and entirely at the user’s own risk.
Your use of this Website, any downloaded material from it and the operation of these
Terms and Conditions shall be governed by, construed and interpreted in accordance
with the laws of the United Arab Emirates and you agree to submit to the non-
exclusive jurisdiction of the United Arab Emirates Courts.