TERMS AND CONDITIONS



YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS



LAST UPDATED: 12:05:20



Welcome to (Massy Motors Parts Online). These Terms & Conditions apply to the Massy Motors Parts Online website located at www.partsonline.massymotorstt.com all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). These Terms and Conditions set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

In these Terms and Conditions: ‘We’, ‘us’ or ‘our’ means MASSY AUTOMOTIVE COMPONENTS LTD, Company #1008558 a company registered under the Laws of Trinidad and Tobago with its registered office at LP#53 O’Meara Industrial Estate, O’Meara Road, Arima and its subsidiaries and affiliates. ‘You’ or ‘your’ means the person using our site to buy goods from us.



Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS AND CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.


Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of us or our suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is our exclusive property. We, and our suppliers and licensors, expressly reserve all intellectual property rights in all Content.


License and Access

We grant you a limited license to access and make personal use of the Site and the Content for non-commercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "Unlawful or Prohibited Uses" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercially purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. 

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, you may not:

  1. Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
  2. Download, copy or transmit any Content for the benefit of any other merchant;
  3. Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers;
  4. Frame, mirror or use framing techniques on any part of the Site without our express prior written consent;
  5. Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
  6. Use any meta tags or any other hidden text utilizing our name or marks;
  7. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  8. Use a buying agent to conduct transactions on the Site;
  9. Conduct fraudulent activities on the Site;
  10. Violate or attempt to violate the security of the Site, including, without limitation: 
    • (i)  accessing data not intended for you or logging onto a server or an account that you are not authorized to access; 
    • (ii)  trying to change the behavior of the Site; 
    • (iii)  attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; 
    • (iv)  attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; 
    • (v)  forging any header or any part of the header information in any email or posting; or 
    • (vi)  forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user);
  11. Send unsolicited or unauthorized email on behalf of us, including promotions and/or advertising of products or services;
  12. Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  13. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  14. Harvest or collect personally identifiable information about other users of the Site;
  15. Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  16. Use the Site to advertise or offer to sell or buy any goods or services without our’s express prior written consent;
  17. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
  18. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  19. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.


Modification & Termination

We may at any time: 
(i) modify or discontinue any part of the Site; 
(ii) charge, modify or waive fees required to use the Site; or 
(iii) offer opportunities to some or all Site users. 

We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. 

You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. 

We reserves the right, without notice and at our sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site 
(i) if you violate any of these Terms & Conditions, 
(ii) for any other reason or 
(iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.


You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.


Personal Information Submitted Through the Site

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking here or  on the "Privacy Policy" link located at the top of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.


Placing Orders

You place an order on the site by adding goods to your cart, providing all required information and submitting your order by checking out. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting your order to us. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

We may contact you to say that we do not accept your order. The reason for the non-acceptance of your order may include, but are not limited to, the goods being unavailable; our inability to authorise your payment; your inability to buy the goods from us; our inability to sell the goods to you; there being a mistake on the pricing or description of the goods; illegal or suspicious activity, vague delivery address, natural disasters, potential threats to us and our servants and/ or agents. If an order has not been accepted where payment has already been made, we will refund you the full cost of the transaction inclusive of delivery fees, if applicable.

We reserve the right at any time after the receipt of your order, to supply less than the quantity you ordered, based on the quantity of the goods that are available at the time of placing the order. Such reduction in quantity shall be communicated to you. If payment has already been made, we will refund you the full cost of the goods not supplied to you. 

We will only accept your order when we email you to confirm this, at which point a legally binding contract on the basis of these Terms and Conditions will be in place between you and us.


We may consent to the cancellation of an order if the order has not yet been delivered to you. If status of the order is showed as "Processing" in this case you may cancel an order and will receive a full refund of any payment already made in respect of the order.  If order has being delivered your options are as provided elsewhere in these terms and conditions.


Conditions of Sale


These Terms and Conditions represent the only conditions by which we shall supply any goods to you. These Terms and Conditions shall apply to the exclusion of all other terms and conditions. Failure of Company to object to the provisions contained in any other communication from you shall neither be construed as a waiver of these conditions nor an acceptance of any such provisions. 


Price and Payment

The price of the goods is stated on the checkout page and is inclusive of all applicable taxes, which shall be shown separately on the checkout page. Payment of the price and all applicable taxes and fees thereon, shall be made by you on checkout or upon delivery in the case of orders being delivered to you or, in the case of orders being picked-up by you at one of the specified pick-up locations, either on checkout or at the pick-up location prior to collection.

Payment online on checkout shall be made by credit card payment. Payment on delivery shall be made by either credit card or debit card. Cash payments shall not be accepted on delivery. Payments made at the collection location shall be made by either cash, credit card or debit card. 

The price of the goods is representative of the cost to you of the goods inclusive of taxes and fees thereon, including any delivery fee, if applicable. Please note that the price does not include any fee for installation or service of the goods and we are not responsible for any such installation or service of the goods. 


Time frame for delivery or pick-up

We will endeavor to complete delivery of the goods to the delivery location or to the pick-up locations specified by you within the time frame indicated by us in writing upon the acceptance of your order. Any time or date for delivery or collection specified by us is only an estimate and we assume no responsibility for and shall not be liable for any loss or damage or other consequence of any delay or inability to deliver, whether or not such loss or damage was made known to us. 

In no case shall we be liable for any special, consequential, incidental, indirect, or liquidated damages, losses or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.


Pickup of Goods

Some goods offered on the Site are available for pickup at specified locations. Not all goods are available for this service. Once your order is ready for pickup, you will be notified and charged for such item(s). If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your in-store order pickup, you or your alternate pickup person must provide the order number associated with your order and a valid government issued ID.    

We will hold your goods for three days starting from the time that we send you the notice that your goods are ready for pickup (“Original Time Window”). If your order has not been picked up within that time frame, you may elect to extend it for three additional days by emailing us your request to do so. This extension must occur before your Original Time Window expires. After three days (or six days if you chose to extend the Original Time Window), if you don’t pick up your order, your order will be cancelled and you will be issued a refund for the goods for which you were charged. In no event will orders be held for more than six days. 

We reserve the right to limit the quantity of goods ordered for pickup as well as the days of the year and daily hours that this service is offered. 


Delivery of Goods

Where you have selected delivery of the goods and we have agreed in writing to deliver to goods to the location you have specified, we shall deliver the goods to the agreed location and you shall be liable to us for all costs and expenses of transportation if any, to such location.

The delivery time frames specified by us may be delayed if incorrect information is given or due to any force majeure or security risk such as but not limited to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by us or the carrier. In such cases we may request that you pick-up your order from one the specified locations. If this option is not offered or accepted and you require delivery, this will either delay your order delivery time or may result in your order being cancelled us. In either case, we will refund any payment which you have already made for the goods. You agree that we will not be responsible or held liable for such delays in delivery or cancellation.

Inspection and acceptance

Upon delivery you shall inspect the goods for defects and non-conformance. Any claim that the goods are not in accordance with the specifications shall be reported to us immediately on the date of delivery. Failure to notify us in writing of any defects in the goods within five (5) days from the date of delivery will constitute conclusive proof that the goods delivered were received without defect or damage which would be apparent upon a reasonable examination of the goods and irrevocably accepted by the Buyer. After such acceptance, you shall have no right to reject the goods for any reason or revoke acceptance, save for any such right you may have under the law.

Title and Risk

Risk of loss or damage to the goods shall pass to you upon tender of the goods to you at the point of collection or upon delivery as the case may be. Notwithstanding collection or delivery and the passing of risk in the goods, property in the goods shall not pass to you until we have received payment in full of the price of the goods in cash or cleared funds. We reserve the right of disposal of the goods until they have been paid for in full by you. 

Returns where incorrect item is delivered

If you receive an item that is not what you ordered, we must be notified within five (5) business of the delivery or collection date. We will not be responsible for any claims made after five (5) business days of the delivery or collection date. 

Pictures may be required to authenticate your claim that the incorrect item was delivered. If we accept that an incorrect item was delivered, we will request that you bring the incorrect item in to us immediately. Upon receipt of the incorrect item we will inspect the item is in new, uninstalled and in resalable condition with the original factory packaging and if so, we will at your option replace the item with the correct item (provided that we have such item in stock) or refund you the cost of the item.

If you elect to be refunded, we have the right to refund money the same way it has been received. 

Returns

You understand that we are not the manufacturer of the goods and you are relying on the manufacturer’s warranties with respect to the goods, to the extent that it is legally possible for us to pass such warranties to you. 

We warrant to you that the goods sold by us will correspond where applicable with the manufacturer’s specifications in the manufacturer’s warranty book provided with the goods and will be free from defects in material and/ or workmanship as and from the date of delivery and for such period stated in the said warranty book, the Site or communicated in writing by us (“the warranty period”), provided always the warranty will not extend to cover defects arising from the failure by you to have the good serviced in accordance with the manufacturer’s recommendations or failure to use or operate the good under normal and proper conditions and the manufacturer’s recommendations.

Goods which are accepted by us as defective in material or workmanship, if returned to us within the warranty period stated in the warranty period, shall in our sole discretion be either repaired by us or replaced by us. Your sole remedy shall be to return the goods to us or our authorised dealer for repair or replacement. 

Save as required by law, the following are excluded from warranty and are not refundable:
  1. All electrical parts and components.
  2. Oils and other automotive chemicals.
  3. Bare engine assemblies.
  4. Fuel components.
  5. Tools.
  6. Printed materials.
  7. Merchandising aids.
  8. Special ordered goods.
  9. Hazmat labelled parts.
  10. Any opened packages or unsealed goods.
  11. Goods $100.00 or less.
  12. Controlled parts: parts that require a VIN for ordering so the manufacturer can ensure the parts belong to the vehicle it is being installed to. Controlled parts include, but are not limited to: emission labels, air bags, and seatbelts.
  13. Any item that has been installed, altered, used, or otherwise no longer in brand new condition.
  14. Any item not purchased from us.
  15. Any item with the genuine manufacturer label missing, damaged, altered, or otherwise unreadable.
  16. Any item deemed non-returnable by the manufacturer.
  17. Safety goods, which include, but are not limited to: air bags, seat belts.
  18. Delivery fees.

Our total liability for any breach of warranty aforesaid is expressly limited to repairing such defect or replacing such Good at our sole option. 

Any recommendations made or advice or assistance given by us, our servants and/ or agents concerning the use, design, application or operation of the goods including but without limitation any warranty, conditions, description or representation taken to have been given or implied from anything said or written in negotiations between us and you shall not be construed as representations or warranties, expressed or implied.

Save as expressly otherwise provided herein and to the extent permitted by the law, every form of liability for any direct and/ or indirect loss and/ or damage (whether special consequential or otherwise) or for any accident resulting from defective material, faulty workmanship or otherwise or any other claims is expressly excluded SAVE AS EXPRESSLY OTHERWISE PROVIDED HEREIN WE HEREBY DISCLAIM ALL EXPRESSED OR IMPLIED WARRANTIES OR CONDITIONS WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

To the extent permitted by law, under no circumstances, and in no event, will we be liable for personal injury or property damage or any other loss, damage, cost of repairs or incidental, indirect, punitive, special, consequential or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action, arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the goods sold by us. 

You hereby acknowledge and agree that under no circumstances, and in no event, shall our liability, if any, exceed the sales price of the defective Good less any taxes. We shall not be liable for any loss, damage or expense arising from 
(i) our failure to discover or repair latent defects or defects inherent in design or 
(ii) any recommendations, advice or assistance given by our servants and/ or agents concerning the use, design, application or operation of the goods.

User Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your delivery information. 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. 

The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. 

We reserve the right, with or without prior notice, to do any one or more of the following: 
(i) limit the available quantity of or discontinue any product or service; 
(ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; 
(iii) bar any user from making or completing any or all Transaction(s); and 
(iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

We or our agents may call or text to communicate with you regarding your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.


Limitations on Quantity

We do not offer additional discounts on large orders of a single item or on large orders of many individual goods. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. We reserve the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.


Colours

We strive to display as accurately as possible the colours of the goods shown on the Site; however, we cannot and do not guarantee that your monitor’s display of any colour will be accurate.


Availability, Errors & Inaccuracies

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of goods on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. 


Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.


Links to Third-Parties’ Websites

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. 

Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by us of such third-party sites. 

Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.


Disclaimers of Warranties

We cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 


Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless us and our respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.



International Access

This Site may be accessed from countries other than Trinidad & Tobago. However, at this stage we only deliver within Trinidad & Tobago. This Site may contain goods or references to goods that are not available outside of Trinidad & Tobago. Any such references do not imply that such goods will be made available outside Trinidad & Tobago. If you access and use this Site outside Trinidad & Tobago you are responsible for complying with your local laws and regulations.


Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago without giving effect to any principles of conflicts of laws. The customer consents to the Jurisdiction of the Republic of Trinidad and Tobago for purposes of any suit, action or preceding arising out of any sale.



Dispute Resolution

Both you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any claim against the other party.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute then either party may initiate litigation in the Supreme Court of Judicature of Trinidad and Tobago to resolve the dispute.



Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.



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