Terms and Conditions
Welcome to Black Stallion Cars eCommerce website. We strive to ensure our customers receive an effortless shopping experience and we hope that you enjoy all our website has to offer.
This site (www.BlackStallionCars.com) is operated by Black Stallion Cars LLC (“BSC”). Access to this site is subject to the terms and conditions of use outlined below.
General terms
BSC has made every effort to ensure the accuracy of the information contained in this site.
BSC is constantly seeking ways to improve the specification, design and production of its vehicles and alterations take place continually. Whilst every effort is made to produce up-to-date products and specifications, this site should not be regarded as an infallible guide to BSC products and services, nor does it constitute an offer for the sale of any particular vehicle. Distributors and Dealers are not agents of BSC and have absolutely no authority to bind BSC by any express or implied undertaking or representation. Any reference in this site to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits.
Under normal use, a vehicle’s actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. If in any doubt, please consult us.
Accessories and features:
Unless specified as standard, features /options or accessories may be additional to standard specifications, available on only higher spec models, or as an option/accessory at additional cost to the customer.
Copyright
All rights, including copyright and database rights, in the website and its content, are owned by or licensed to BSC, or otherwise used by BSC as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from BSC or the copyright holder. You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non¬commercial use.
BSC reserves the right to use for its own purposes, any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. BSC reserves the right to monitor submissions to the site and to edit or reject any submissions.
Disclaimer
We try to ensure that information on our site is accurate, complete and up ¬to -date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site. Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided ‘AS IS’ and on an ‘IS AVAILABLE’ basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.
In no event will BSC be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.
Notwithstanding anything else in these Terms & Conditions, BSC will not be liable for claims relating to the functionality or availability of this site.
Trademarks
All names, images, logos identifying BSC are proprietary marks of BSC or its brand partners. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. BSC does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ rights.
External links
BSC does not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of BSC and you visit entirely at your own risk.
Software disclaimer
The software downloads from this site have been thoroughly scanned and tested at all stages of production, but ¬ as with all new software ¬ we still recommend that you run a virus checker before use. We also recommend you have an up ¬to ¬date backup of your hard disk before using the software. BSC cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the UAE laws. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of UAE. BSC reserves the right to change any of these Terms and Conditions at any time by posting changes online.
Website Terms
Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilisation of our Website and Website services (including the Website Call Centre and Mobile application). We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website.
Eligibility
We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (ii) enter into binding Orders with us. The Website is for your personal use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.
Privacy & Cookie Policy
Please refer to our Privacy & Cookie Policy for details on how we deal with your data.
Orders
When you place an Order with us, then subject to your rights to cancel or return the vehicle, you commit to buy the item described in that Order, at the price indicated including taxes and duties where applicable.
Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for.
The Website (or our Website Call Centre) may contain or provide information regarding the availability of vehicles. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that a vehicle stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a vehicle may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.
Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive notification from our team on the availability of that vehicle. No party other than us has the authority to confirm acceptance of the Order.
non returnable if the free gift has been opened or if the packaging has been tampered with.
Payment
We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, American Express and UAE debit cards. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorised, the payment method is not valid or where we do not think you are authorised to use to utilise the relevant tender type.
Prices
Prices on the Website are displayed in AED, and include taxes and duties to which the purchase may be subject.
Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:
1. has already been processed, then we may at our discretion:
i. cancel the Order and issue you a full refund including original Order delivery fees, taxes and duties (if applicable);
ii. where the price you paid is lower than the actual price of the item, honour the price in your Order; or
iii. where the price you paid is higher than the actual price of the item, refund you the difference;
2. has not yet been processed, then we will notify you as soon as possible and only process the Order once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.
Discount schemes
Discount schemes are currently not available for Orders placed through the Website and we would ask you to contact our sales team directly.
Cancellation
You may contact us at any time prior to your Order being marked as “Processed” on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment.
Product Liability
By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items.
Title to goods
Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.
Intellectual Property rights
Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that the Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.
User Generated Content
By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us here. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.
Third Party Sites
Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Descriptions
At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however, colors and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.
No warranty
Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website.
Your use of the Website is at your sole risk and it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.
Liability
Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers 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 goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural, and religious rights as enshrined in applicable law.
Indemnity
You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors, and suppliers harmless from and against any and all claims, damages, costs, and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.
Entire Agreement
You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.
No Agency
Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
Assignment
We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the BSC.
No Waiver
Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
Illegality
If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.
Language
These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
Disputes and Governing Law
These Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.