Terms and Conditions of Use of this website
Affordable Tyres Limited is incorporated in Nigeria. We own and operate the website Affordable Tyres. Our registered office is at 13b, Kolawole Shonibare, Off Coker Road, Ilupeju.
Throughout these terms when we mention “we”, “us” or “our”, we mean Affordable Tyres. When we refer to “you”, we mean the user of our website
These refer to terms and conditions for the use of the Affordable Tyres website (which we refer to as “this website”). These terms and conditions make a legally and fully binding contract between us and you. Your acceptance of these terms and conditions is made by you using this website and is dated to your first use of this website. If you don’t accept the terms and conditions or any part of them, you should stop using this website immediately.
We reserve the right to make changes to these terms and conditions from time to time which become effective from the date of posting on this website. Your continued use of this website will constitute your acceptance of any changes to these terms and conditions.
We may from time to time display additional terms and conditions on this website, for example for a specific promotion or in connection with the sale of goods or services. If the terms and conditions for use of this website should conflict in any way with such additional terms, then the additional terms will prevail.
1. Conditions of Sale
1.1 As per the terms and conditions of sale, customer purchases products, and services from Affordable Tyres with respect to the terms and conditions of ‘Customer’s Order’ and ‘Order Confirmation’. The contract between the Affordable Tyres and the Customer will be governed by the terms defined for ‘Customer’s Order’ and ‘Order Confirmation’ by which any offer can be made or rejected by the customer.
1.2 By choosing to purchase products and services from Affordable Tyres, Customer accepts that the website content, text, price list, items description, or other product literature showcased on the Affordable Tyres website serves the purpose of inviting to purchase and not any offer or bind obligates Affordable Tyres to sell the product to the customer.
1.3 Unless and until the terms and conditions are acknowledged in written by the customer or authorized representative of the customer, and Affordable Tyres, no kind of variation shall be considered in the conditions and shall not be considered as agreed to be binding.
1.4 Employees or agents of Affordable Tyres are not authorized to present any kind of information related to the company, product or product parts unless it is authorized by Affordable Tyres. After entering into the Contract with Affordable Tyres, customer understands that the company does not confirm any kind of representations or confirmations.
1.5 Unless the recommendations given by the agents, employees or even Affordable Tyres for the storage, installation, or use of goods are not in written then such confirmations will be considered invalid by Affordable Tyres and the company will not be liable to confirm the information provided.
1.6 Affordable Tyres will ensure that no such error, miscommunication or misrepresentation occurs from their side, however, in case of any typo errors, clerical mistakes, other errors, or omitted errors in sales literature, products and service prices, content of the website, invoicing details, other documentation, product information published by Affordable Tyres, shall be subject to the correction without liability on the part of Affordable Tyres.
1.7 Affordable Tyres generally update the website stock on a weekly/monthly basis. In case, if tyres are out of stocks but still showing on our website then we have the rights to cancel your order and refund your amount if you already placed the online order or offline order.
2. Conditions of Offers
2.1 Any order placed by the customer shall not be considered as completely processed by Affordable Tyres until the ‘Order Confirmation’ is received from the Customer.
2.2 Customer will be responsible for ensuring that the order details are correct and properly submitted by the Customer and providing any additional information required by Affordable Tyres related to the products or services so that Affordable Tyres can process the order within the timeline and contact customer in case required as per terms and conditions.
2.3 The quality of the product and quantity will be as per the standard details provided in the Order Confirmation.
2.4 Affordable Tyres holds complete right and authority to change the product, specifications, pricing, (if the details of such specifications of the products or services are mentioned in the order confirmation or otherwise) designs, or description without any notice. Affordable Tyres has the sole right to also change the terms and conditions depending on changes in the laws.
2.5 Any order placed by the customer shall not be liable for cancelled automatically by Affordable Tyres until a written confirmation is received from the customer. Otherwise, the customer will have to indemnify Affordable Tyres for all the losses including the loss of profit, labour, materials, shipment, damages, charges, and other expenses as a result of the cancellation.
2.6 No additional discounts or offer will be applicable on Affordable Tyres website tyre price.
3. Conditions of Goods Pricing
3.1 The price of products and services listed on the website Affordable Tyres and order confirmation will be decided by us. If there is no price quoted in the order confirmation, then the price list defined on the website Affordable Tyres at the date & time of order confirmation will be considered as per the terms.
3.2 Affordable Tyres holds the complete right and authority to change the products and services prices listed on the website:
3.2.1 The increase in price can be due to any uncontrollable circumstances like fluctuation in forex, currency regulations, change in duties, labour cost increase, improper data or cost calculation of manufacturer.
3.2.2 Changes in the quantity, quality, specifications and delivery of the product ordered by the customer
3.2.3 Delay in providing the required information to Affordable Tyres from the customer for smooth order processing
3.3 The standard tax of Value Added Tax (VAT) has been introduced in UAE since 1 April, 2020. Due to the VAT introduction, all the goods and services supplied to the customer will be charged on standard rate of 7.5%. Products sold on Affordable Tyres will be charged VAT wherever required.
4. Payment Terms
4.1 With reference to any written communication between Affordable Tyres and the customer, Affordable Tyres will be entitled for full payment for the products and services on the same day when the order confirmation is received. Affordable Tyres will have the right to debit the credit/debit card of the customer for the full payment against the products or services on the same day of order confirmation or after that date.
4.2 The customer will be liable to make the payment for the products & services on the date of Order Confirmation. Affordable Tyres will be entitled to recover the payment for the goods, products and services even if the product may not have been delivered or delivery is in process or product is not passed to the customer. The payment time will be the crucial part of the contract, and electronic receipts will be provided for the successful payment orders.
4.3 In the case where customer fails to make the payment for the products & services by the due date and time mentioned in the order confirmation or the payment is declined by the issuer of the customer’s credit/debit card bank, then Affordable Tyres will have no option and without any biasness or prejudice, Affordable Tyres will have the right to:
4.3.1 Cancel the order and reject the order delivery to the customer
4.3.2 Choose a suitable payment mode for the supply of products & services or supplied goods & services under another transaction or contract between the customer and Affordable Tyres, and
4.3.3 Shall hold the right to charge the customer with ‘Customer Fees’ for both, before and after the changes in the decision, on the unpaid amount with additional 2% per month (part of the month shall also be considered as full month for the purpose of calculation) until the full amount is paid to Affordable Tyres.
5. Delivery of Products and Services
5.1 As per the order confirmation received from the customer, Affordable Tyres will deliver the products at the customer’s address mentioned in the Order Confirmation or any other address as suggested by the customer and approved by Affordable Tyres.
5.2 The delivery date or installation date mentioned on the order confirmation of the products and services are based on the approximate calculation and not guaranteed thus Affordable Tyres shall be responsible for any delay in the delivery of the products or installation service whichever is caused. Unless and until the product delivery date is confirmed in writing by Affordable Tyres, it shall not be of importance to the contract.
5.3 If the customer does not claim the product or if the information provided by the customer is incorrect or inadequate to deliver the product or services, then Affordable Tyres will have no other option and without any biasness or prejudice, it shall:
5.3.1 Hold the products until the complete information is received and charge the customer with storage charges; or
5.3.2 Sell the products inclusive of all charges including the storage charges, selling expenses and any excess prices that would account to the customer as a result of the return.
5.3.3 Products will be returned to the manufacturer or supplier and the cost for the return shall be added to the customer account
5.4 Product returned to Affordable Tyres or to its authorized partners should be showcased as evidence of packing/delivery note which should be duly signed and acknowledged. The evidence of delivery note will only be considered as the evidence receipt.
6. Risk and Property Conditions
6.1 The risk of damaged products or loss of products will be passed to the customer.
6.2 On successful sale of product completion (with respect to the terms and conditions of tyre installation agreement with Affordable Tyres and third party tyre installation provider, if there is any agreement) the customer will be notified about the products which is installed/fitted and ready for collection
6.3 Any risk of passing the products or delivery or any other provision related to these conditions, the title of the product shall not be passed to the customer until the full payment (including all kinds of fees and charges) of the products is made by the customer to Affordable Tyres.
6.4 The customer will have no right to claim the title of products or charges for security as a form of indebtedness from Affordable Tyres, and in case the customer does so, then the entire amount owed by the customer to Affordable Tyres shall be forthwith without further notice, prejudice or available option.
7. Conditions of Return
7.1 The customer is eligible to cancel the contract, return the products and reject the services to get a refund (where the amount of products and services have been not paid or full credit) where the products are unused and it is in the same condition as received by the customer while returning to Affordable Tyres. In such conditions, the customer will be liable to bear.
7.2 Affordable Tyres holds the complete right and authority to grant refund the amount of products and services to the customer or not. In cast the refund is granted but certain charges are incurred by Affordable Tyres in getting the refund then such charges will be deducted from the customer.
8. Liability Conditions
8.1 Affordable Tyres will have no liability for any defective products due to the inaccuracy in the Customer Order form. Affordable Tyres will have no liability on the loss of product or incorrect information in Customer order.
8.2. Affordable Tyres will have no liability of the damage of products due to wear & tear, willful damage, damage due to not following the standard instructions as explained on Affordable Tyres or unworkable conditions.
8.3 As expressed in the terms and conditions, warranties, or other terms and conditions that is implied by the statute or common law will be excluded for the maximum extent.
8.4 Any product defect claims or differentiation in product specifications showcased on Affordable Tyres claimed by the customer related to the products or services should be informed Affordable Tyres claimed in writing within 48 hours of product delivery or service installation or within 24 hours of after discovering the defect.
8.5 If the customer does not inform Affordable Tyres claimed within the stipulated time define in point 8.4 then customer will not be eligible for canceling the order or rejecting the product delivery.
8.6 If the customer claim related to product defects, quality of product or improper installation services to reported and found to genuine then in that case Affordable Tyres claimed is liable to replace the product or arrange for another service free of charge or refund as per the conditions or charge for specific proportion of services, fees, or charges as per the refund policy. Affordable Tyres shall have the sole discretion to charge or refund for the product return and have no liability against the customer or any other person.
8.7 Affordable Tyres will not be liable for any kind of misrepresentation, implied warranty, other terms or common law or terms of contract for any sort of direct, indirect, special or consequential loss of products or services, or damage incurred during the supply of products or installation of services or resold by the customer. In any of the cases, the liability of Affordable Tyres will be limited to the cost of product or services, and not exceeding it as per the conditions.
8.8 In the case where the products are unavailable or undelivered to the customer then Affordable Tyres has the complete right and authority to cancel the order or grant complete refund of the amount of products & services to the customer.
8.9 Affordable Tyres will not be liable to the customer in any case even if a breach of contract occurs due to any reason in delay of performance, failure to perform, related to products or services, failure due to Force Majeure, or any situation that is beyond the control of Affordable Tyres.
9. General Terms
9.1 Affordable Tyres will perform the entire activities mentioned in the terms and conditions by itself or through third party agencies or as applicable with other person or entities.
9.2 Any notice, inquiry or permission should be given in written to Affordable Tyres as per the conditions by the party. Affordable Tyres will also provide written communication to the party to its registered address or principal business address which may be relevant at the time of notification is sent to the pursuant giving the notice.
9.3 No kind of waiver for the breach of contract shall be considered by the customer Affordable Tyres in replacement of any other waiver or subsequent breach of the same or other provision.
9.4 If the conditions of the provisions are considered as invalid or unenforceable by any authorized or competent authority then the entire or part of conditions shall not be effective.
9.5 The terms and conditions as well as contract constitutes to the agreement between the customer and Affordable Tyres with respect to the sales and purchase of products and it shall supersede all the written or oral communication as well as previous agreements complete. The customer should not only rely on any of the communication or statements published by the employees, representative or agents associated with Affordable Tyres.
9.6 Affordable Tyres has the right to assign the entire customer contract or part of the contract with third party entity as required. Unless and until there is written agreement between the customer and Affordable Tyres, the customer should not assign any benefit or burden of the contract with Affordable Tyres.
9.7 The terms and conditions are governed by the law and jurisdiction of Nigeria and the customer agrees to submit to the non-exclusive jurisdiction of Nigeria.
9.8 The customers who are below the 18 years of age or minor, accessing the Affordable Tyres website or transacting shall not be considered as registered users
9.9 Affordable Tyres accepts from online bank modes including credit card and debit cards in Naira currency. The customer has to take note of the receipt of the transaction and follow the merchant account terms and conditions.
Although Affordable Tyres has made a lot of effort to provide accurate information on the website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. The user access this website at his or her own risk. The website is made available on an “AS IS, AS AVAILABLE” basis without warranty of any kind and any warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither Affordable Tyres nor its affiliates, employees, agents or third-party content providers shall be liable for any loss resulting from the use or unavailability of information or content on this website, including but not limited to any lost profits, loss or damage to data or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of Affordable Tyres, virus, malware or other similar item, telecommunication errors or unauthorized access to the use of user information through theft or any other means. Affordable Tyres is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this website. In no event will Affordable Tyres or any of its affiliates, agents, employees, assigns or third party content providers will be held liable for any tortious or illegal conduct of other users. In no event will Affordable Tyres or any of its affiliates, agents, employees, or assigns be held liable for any damage to equipment, hardware or other property of the user or personal injury that arises in connection.
The successful operation of this website depends on the input of information by you. The service provided by us depends on the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you.
Should you find any inaccurate information or have any complaint about what we have published on this website please contact us immediately.
About the Internet
We and all other web publishers have no control over the Internet, which is a global public network of computers and the method by which you access this website. As a consequence, and in common with most web publishers we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through this website.
So far as lawfully possible, we exclude all liability to you in contract. We also exclude liability for any consequential or indirect loss which may be caused to you by us. Nothing in these terms and conditions shall, or shall be construed as purporting to, exclude or restrict liability in respect of death or personal injury for breach of duty arising in the course of business or from the occupation of business premises.
Links to our website
You must seek our permission before providing a link to our website. Contact us with details of the URL which you wish to link to this website and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of this website in any html frame unless we have expressly authorized in writing.
For the purposes of these terms and conditions, the expression “Website Information” means the images, graphics, text, applets and scripts operating, operating in, or which form part of, this website. All intellectual property rights in the Website Information are owned solely by Affordable Tyres. You may view Website Information in a web browser for private browsing purposes only. Copying Website Information into a computer cache for private on or off-line browsing purposes is permitted. However, you may not make a copy of the Website Information or any part of it for any other purpose without our prior written consent, which may or may not be granted at our sole discretion. Nothing in these terms and conditions or on this website constitutes a license to use or copy the Website Information. We may publish on this website images or text in which the copyright is not owned by us or which is not owned completely by us. Where this is done, and where practicable, we acknowledge the copyright owner.
Jurisdiction of these terms
Our Country of domicile is Nigeria and law of the Nigeria shall govern any interpretation of these terms and conditions.