By browsing, logging in, registering for, or purchasing spare parts, you are deemed to have agreed to these terms.
1. Terms and Conditions of Use
We reserve the right to amend the terms and conditions below at any time. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOU SHALL DISCONTINUE YOUR LOGGING INTO BOOMAUTO.COM AND YOUR PURCHASE OF PARTS OFFERED THROUGH THE WEBSITE. Your continued use of the Boom Auto website will be deemed as your acceptance of these terms and conditions, which may be changed from time to time.
The following terms are included in these Terms and Conditions, and they have the meanings assigned to each, unless the context requires otherwise:
“Account” means an account created by the User within the registration process on the Site.
“Purchase” means the purchase of Seller’s Products in accordance with these Terms and Conditions, where “purchasing process” means the act of buying of these products.
“Registration” means the creation of an account on the Application, and “Registration” means the creation of such an account.
“Services” means all services provided to users by Boom Auto through the boomauto.com website.
“Users” means the users of the Website or Application including you and “A user” means any one of them.
3. General Affairs Related to the Application and Services
3.1 Validity of Terms and Conditions: Use of any of the Website’s services and making any purchase is subject to these Terms and Conditions of Use.
3.2 The Website: The Website, the Services, and any purchase are intended exclusively for users who have access to the Application.
3.2 Scope: The Website, the Services, and any purchase process shall be intended for personal use only and may not be used for commercial purposes.
3.4 Blocking the User: We reserve our right to block your account to prevent you from using the Application, Services (or any part thereof), and from making any purchases.
4. Purchases Process Requirements
4.1 The Registration: You shall register to make a purchase from the website.
4.2 Applications of Terms and Conditions of Use: By making any purchase, you acknowledge that the purchase is subject to these Terms and Conditions of Use.
4.3 Purchase: Any attempted purchase that does not comply with the Terms and Conditions of Use may not be refused or voided at our / Seller’s discretion.
5. Your Obligations and Covenants
5.1 Seller Terms and conditions: You agree to and will be bound by the Seller Terms and Conditions associated with your purchases that may be modified from time to time.
5.2 Validity of Information: You undertake that all information provided during registration and included in your account are true, complete, and correct. Furthermore, you will promptly notify us of any changes in such information by updating it in your account.
5.3 Website content and products: You are responsible for ensuring that any products or services available on the website meet your requirements prior to making a purchase order.
5.4 Prohibitions relating to the use of the Website: without exception, you undertake not to or permit anyone to:
5.4.1 Provide us with any false information including false names, addresses, contact information, and credit card numbers used fraudulently.
5.4.2 Attempting to hack our security or network systems, including accessing data not related to you, logging into a server or account without your permission to access, or checking the security of other networks (e.g. by performing a vulnerability wipe).
5.4.3 Carry out any form of network monitoring for interrupting the data not related to you.
5.4.4 Fraudulent communications or transactions with us or a Seller (including making fraudulent communications or transactions on behalf of another party that you have no power to bind to fulfill the obligations under this transaction, or claiming that you are a third party).
5.4.5 Obtaining data by hacking the application.
5.4.6 Use of the Services or the Website in violation of the Terms and Conditions of Use.
5.4.7 Participate in any illegal activity while using the Website, or the Services;
5.4.8 Participate in any conduct that in our sole and exclusive opinion prevents or limits any other customer from using or enjoying the Website or the Services as it should.
6. Rules for Using the Service and the Website
6.1 We will make reasonable endeavors to remedy any errors or omissions as soon as reasonably practicable after being notified to us. However, we do not ensure that the Service or the Website will be free from defects and do not accept responsibility for such errors, defects, or omissions.
6.2 We do not ensure that your use of the Service or the Website will be uninterrupted, or any information (or messages) transmitted through the Service or the Application will be transmitted accurately, reliably, in a timely manner, or it will be sent at all. However, we will make all reasonable endeavors to provide uninterrupted access to the Services and Application, which may be suspended, limited, or terminated at any time.
6.3 The price calculated during the purchase process will be in the currency of the operating system and may be different from the price displayed on the service page. Therefore, Boom Auto will be not responsible for any price deviation resulting from currency exchange rate fluctuation, or bank charges that occurred in connection with the purchase process.
6.4 WE DO NOT ENSURE THAT THE SERVICES OR THE WEBSITE ARE FREE OF ANY VIRUSES OR OTHER THINGS THAT MAY DAMAGE ANY TECHNOLOGY MEANS.
6.5 We reserve the right to change, modify, replace, discontinue, or remove any information or services from the Website from time to time without any notice. Your access to the Website and/or the Services may occasionally be limited to allow for repairs, maintenance, or providing new services. We will try to restore access as soon as possible. For the avoidance of doubt, we reserve the right to remove any information or services from the Website at any time.
6.6 We reserve the right to block access and/or modify or delete any materials at our reasonable discretion that may result in a breach of the Terms and Conditions of Use.
7. Suspension and Cancellation
7.1 If you (or your authorized representative) use the Website and any Service in breach of our Terms and Conditions of Use; we may terminate your access to these Services and/or the Mobile Application.
7.2 If we discontinue the Services or use of the Website, we may refuse your access again to them before we receive an undertaking from you, in the manner we deem fit, that you will not again breach the Terms and Conditions of Use.
7.3 Without exception to anything else provided for in clause 8, we may immediately or at any time (in whole or in part) (a) discontinue the Services and/or the Website access, (b) discontinue your use of the Services and/or (c) discontinue using the Website and the Services for people those who we believe that they are related (in any way) to you if:
7.3.1 You have breached any of the Terms and Conditions of Use
7.3.2 There is a doubt, on reasonable grounds that you have, will, or maybe in breach of the Terms and Conditions of Use, or
7.3.3 There is a doubt, on reasonable grounds, that you are or may commit any fraud towards us or any person
7.3.4 We reserve our rights under clause 7 without prejudice to any other right or modification that we may have in respect of any breach, right, obligation, or liability incurred prior to cancellation.
8. Our Responsibilities and Rights
8.1 We undertake to state the specifications of each item offered on our website. The warranty is 14 days against manufacturing defects for boom auto parts. The warranty does not include electrical parts, and the warranty does not cover any brake sounds.
8.2 We undertake to allow the return of any item purchased through our website, provided that it shall be in excellent condition and of the same quality in which it was purchased, within a return period of fourteen (14) days from the date of delivery.
8.3 We undertake to deliver the item(s) purchased through our website within 1 day and if we are unable to do so, you will be notified.
8.4 We are entitled to charge a delivery fee for any item purchased through our website, and that fee will be indicated during the purchase process.
8.5 In the event of returning the purchased part (s), the buyer is not entitled to claim to recover the delivery fee.
8.6 In the case of replacing the purchased part(s) with another piece or parts, we undertake to pay the price difference in case the new parts are less expensive than the replaced part, and in the event that the new part is more expensive, the buyer shall pay the higher price difference.
You agree to compensate or indemnify us for any claim, lawsuit, or proceeding brought or threatened to be brought against us resulting from (a) your use of the Services, (b) any third party’s use of the Services via your email, mobile phone number, your personal identification number and/or any other identification number that may you have and/or (c) your breach of any of the Terms and Conditions of Use. Therefore, you agree to pay for damages, costs, and benefits in connection with such claim, lawsuit, action, or proceeding.
10. Intellectual Property Rights
All editorial content, information, images, graphics, artwork, and other visual materials, names, logos, and trademarks on the Website are protected by copyright laws and/or other laws and/or international treaties. They are owned by us and/or our suppliers as the case may be. These works, logos, visual materials, audio materials, or images may not be copied, reproduced, rebroadcast, distributed, sold, published, or recycled in whole or in part unless expressly authorized by us and/or our suppliers, as the case may be.
Nothing contained on the Website should be construed as granting by implication, discontinuation, or otherwise, any license or right to use any Trademark displayed on the Website without our written consent. Any illegal use of these trademarks or any content displayed on the Website is prohibited.
We will not hesitate to take legal action against the unauthorized use of our trademarks, names, and symbols, in order to preserve our rights in this regard. All rights not granted herein are reserved. Other products and company names mentioned below may also be trademarks of their respective owners.
11. Amendments and Changes
12.1 We may make periodic changes to the content of the Website, including descriptions, prices of advertised goods and services, at any time and without notice. We are not responsible for any errors or omissions in the content of the site.
12.2 We reserve the right to amend the Terms and Conditions of Use from time to time without any prior notice. The amended terms and conditions of use will be published on the Website and are effective as of the date of publication. It becomes effective from the date of publication. You are advised to review these terms and conditions periodically as they are binding on you.
12. Governing Law and Jurisdiction
12.1 The website and the mobile application can be accessed from all countries of the world where the appropriate technology is available, and since each of these places has different laws, your access to the application means that we and you agree that the laws of the State of Kuwait, regardless of conflicting legal principles, it will be applied to all matters relating to the use of the Application.
12.2 You accept and agree that you and we subject to the exclusive jurisdiction of the courts of the State of Kuwait in relation to any dispute arising out of and/or in connection with the Terms and Conditions of Use.