TERMS OF USE
Thank you for visiting our Digital Platform. Alba Trading FZC is a company incorporated pursuant to the laws of Umm Al Quwain Free Zone, United Arab Emirates (the Company). The Company is licensed as an e-commerce service provider. We provide Alba Cars Website, Mobile Website and applications for mobile as well as tablet devices (individually and collectively the Digital Platform). Our Digital Platform provides you with a unique opportunity to meet and connect with buyers, sellers, and visitors and to obtain information pertaining to vehicles listed on the Digital Platform. In addition, we have ‘Dealers by Alba’ which is for car dealers and ‘Suppliers by Alba’ which feature applies to our suppliers.
Shopping for a pre-owned or used vehicle is much easier now than ever before. The Digital Platform offers you the opportunity to learn about us, test drive a car, get details on the vehicles, discuss your trade-in or even learn about financing deals for your new vehicle.
These terms and conditions (the Terms) govern, set out and regulate your use of and visit to the Digital Platform on which they are posted and updated periodically. For the purpose of these Terms and wherever the context so requires, the terms and words ‘user’, 'you' and ‘your’ shall mean and include natural or legal person(s) who has or have agreed to visit the Digital Platform, register itself on the Digital Platform, act as a buyer or a seller or uses the Digital Platform in any manner whatsoever including persons browsing the Digital Platform (whether personally or on behalf of someone) and its content, posting comments or any content or responding to any advertisements or content listed thereon. These terms apply to every visitor or user of the Digital Platform and this includes without limitation car dealers, persons interested in buying or selling cars, agencies, fleet sellers, service providers, third party consultants, car repair shops, and other apps or users that may wish to integrate or connect with Alba Cars (whether now or in future).
By visiting, navigating, browsing, bidding, entering registration details, entering, executing, using, paying, downloading, commenting, saving, uploading, accessing, or communicating in any form or using the Digital Platform you will automatically be considered a user which requires the full and complete acceptance of each and every provision and description included within these Terms, in the version published by at the time you access or use the Digital Platform. If you do not agree to these Terms, you may not access or otherwise use the Digital Platform (in case of applications, please uninstall the application from your mobile and/or table device).
In line with our internal by-laws and in order for timely compliance with prevailing laws and regulations, we reserve the right, in our sole discretion and at any time, to make changes to these Terms and our Legal Policies concerning the use of Digital Platform. For the abovesaid reasons, you should carefully review these Terms and Legal Policies from time to time. Your visit, registration and continued use of the Digital Platform following changes to Terms and Legal Policies means that you agree, acknowledge and consent to the revisions to the Terms and Legal Policies. The Digital Platform may also display necessary guidelines from time to time and these guidelines are also subject to change at any time without prior notice. For ease of reference, these Terms and Legal Policies have and will continue to be maintained in English language. We also reserve the sole and exclusive right to introduce new services, new features, new auction models and update or withdraw any of the services, and we will not be liable to you in any manner whatsoever for exercising this discretion. The information in relation to treatment of your personal data is set out within the Privacy Policy page. For avoidance of doubt, any third party, their affiliates, or a service provider that may associate itself with the Digital Platform, such third parties, their affiliates or service provider will have their own privacy policies and this Digital Platform does not control their terms or policies.
ABOUT DIGITAL PLATFORM AND WAIVER OF RESPONSIBILITY
Digital Platform is a digital marketplace that allows and permits users, visitors, affiliates, and service providers to offer, sell and buy preowned used cars in a variety of pricing formats and auctions. This further includes other aspects such as tenders, auction and other services.
Any information, display notes or guidance that we provide as part of our services, such as images of vehicles, quantity, product price, shipping information, listing, and sourcing is solely and purely informational and you may decide to follow it or not. It is also possible that the images or videos or graphics shown for car may not be of the actual car.
The Digital Platform Team may endeavor and assist resolution of differences or disputes received but we expressly clarify that the Digital Platform, its management or support team have no absolute control over and does not guarantee: the existence, quality, legality, merchantability, safety of items displayed, advertised, the truth, veracity or genuineness of users or accuracy of any listing or contents; the ability of sellers to sell vehicles, the ability of buyers to pay for vehicles; or that of the ability of sellers to sell or ability of buyers to pay for items; or even that a buyer or seller shall complete a transaction or return an item. This also applies to various services made available by the Company on Digital Platform which include without limitation services provided by multifarious service providers, tenders, and other commercial services made available to users on the Digital Platform.
ABOUT DIGITAL PLATFORM AND WAIVER OF RESPONSIBILITY
Selling a Vehicle: Users are required to submit all the information in relation to the vehicle they intend to sell. Information submitted to Digital Platform is then reviewed and processed by the Company's team and then presented to intereted customer(s). Additionally, the Company may advertise the car along with the car's owner name and contact information via the LEADS section on the Digital Platform.
Terms for Buying a Vehicle: Users desiring to buy vehicles are required to pay a deposit to reserve the vehicle. Likewise, users will be required to pay a deposit if they wish to commence financing of vehicles through any local bank. Users will be required to sign a contract and any deposit paid is non-refundable. The following terms apply exclusively for bank applications.
1. Reservation:
1.1. The deposit paid is to start the bank application for the chosen vehicle.
1.2. This vehicle is not reserved for the buyer and can be sold to any other party without the consent of the buyer.
1.3. The buyer can request to reserve this vehicle at any time through sending an E-mail. Approval of the request is at the discretion of Alba Motors LLC. However, the buyer cannot reverse this process and the deposit immediately becomes non refundable regardless of bank rejection.
2. Contact & Communication
All communication to the company must be sent via email to [email protected]. Any other method of communication or agreement shall be deemed void.
3. Fees & Payments
3.1. The buyer can pay up to a maximum of AED 5,000 via card. All remaining payments must be through cash, cheque or bank transfer.
3.2. All cheque and bank transfers are subject to clearance.
3.3. Buyer is liable and responsible for the settlement of all Bank Fees, Processing fees, Valuation charge, Vehicle Inspections, Registration, Salik, delivery and storage if delays occur during collection or delays in final settlement.
4. Insurance
4.1. The buyer agrees to ensure the vehicle insurance value is exactly as per the value noted on the bank LPO if buying the car through bank finance.
4.2. All insurance costs must be borne by the buyer.
5. Export
Vat refund for exported vehicles shall only be valid if the vehicle is exported within 90 days of purchase. Valid documentation must be provided in addition the value on such documents must match the actual and exact value of sale. Otherwise, VAT shall be paid to tax authorities with no possibility of a VAT refund.
6. Accessories
Alba Motors LLC does not guarantee the availability of a spare key (or any other accessories) for the vehicle sold. If a spare is required, Alba Motors LLC may assist in providing a quote.
7. Vehicle Condition:
7.1. Inspections must be conducted only at an RTA approved testing facility (i.e. Tasjeel). No unauthorised third party inspections shall be performed.
7.2. The buyer has the right to request an NOC to verify any information needed from the main dealership and/or related parties.
7.3. The buyer must request a time and location for the inspection within 24 hours through the specified contact information on this agreement. Failure to send such a request within this time frame will lose the buyer the right for a deposit refund regardless of the inspection findings.
7.4. Any additional repairs, improvements or upgrades must be mentioned in writing on the contract.
7.5. Inspections, service history verification and vehicle history checks must be performed within 24 hours from the payment of the deposit.
7.6. The buyer confirms that within 24 hours of booking they have seen, inspected, verified history and accepted the vehicle in its current as is condition with all its flaws & defects if any.
8. Refund & Return Policy:
8.1. The deposit is refundable in the condition that the RTA inspection shows major mechanical defects, making the vehicle not roadworthy. However, the deposit shall not be refunded if Alba Motors LLC agrees to repair the defects upon sale & final settlement. Wear & Tear, consumables as well as service related items shall not be considered as major mechanical defects therefore shall not grant a deposit refund if requested.
8.2. The deposits are refundable in case the RTA inspection finds that the vehicle was involved in a major accident affecting its structure and safety. However, the deposit shall not be refundable if the inspection finds visual defects (scratches & dents) and refurbishment repaint work.
8.3. The deposits are strictly non refundable if the buyer cancels the deal or the bank application prior to a decision from ALL banks.
8.4. Any request for change of vehicle at a subsequent date is strictly subject to Alba Motors approval and discretion and may result in forfeiture of deposit as mentioned in clause 8.3 and 8.6.
8.5. Alba Motors LLC holds a strict no refund and no return policy for any vehicle or third party service sold.
8.6. All payments made regardless of value are considered as deposits towards the purchase of the vehicle and can all be subject to forfeit subject to the conditions of this agreement.
8.7. Failure to register the vehicle within 48 hours of bank approval will result in a deposit forfeit.
8.8. The buyer agrees and accepts that any incorrect or incomplete information provided on the finance declaration form and if the buyer does not meet all the terms of this agreement, Alba Motors LLC has the right to terminate the agreement and deem the deposit forfeit.
9. Warranty & Servicing:
9.1. All vehicles are sold in as is condition with no guarantees or warranties directly by Alba Motors LLC. This includes all visible and hidden defects, damages or repairs. Alba Motors LLC is not responsible or liable for any current or future defects and damages that may occur.
9.2. Any warranty provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.3. Any service contracts provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.4. Alba Motors LLC has the right to replace the warranty & service contract provider/s at any time with at their own discretion.
9.5. Warranty renewal must be requested annually within 30 days of each policy expiry date. Failure to make a formal request through the contact methods provided, within the specified time, can result in the warranty being voided with no refunds issued.
9.6. It is the sole responsibility of the buyer to follow the warranty provider instructions including (but not limited to) servicing the vehicle at the specified service centers.
9.7. Alba Motors LLC is not liable in case the third party warranty and service contract providers do not honour the agreement or face bankruptcy or clouser. The buyer has the right to follow lawful methods and can hold the suppliers directly liable through courts.
9.8. Buyer understands that vehicles sold may require immediate servicing.
9.9. Any dealership information provided such as history, warranty and service contracts are verbally communicated by the first owner or dealerships. Thus, such information must be verified by the buyer and Alba Motors LLC does not guarantee the accuracy of this information.
9.10. Vehicles over 150,000 Kms will not be eligible for warranty renewal.
10. Bank Finance
10.1. The deposit shall be refunded ONLY if ALL bank applications are rejected.
10.2. Buyer must apply for all banks & financial institutions recommended by Alba Motors LLC to ensure approval. If several banks are approved, the buyer may choose a preferred bank.
10.3. Alba Motors LLC are not responsible for the amount of interest the bank wishes to charge or amount of downpayment requested by the bank. This is regardless of whether Alba Motors LLC assisted in the bank application nor what was initially advertised or what was expected by the buyer.
10.4. The buyer is responsible for ensuring that all RTA fines and/or system blocks are cleared from the system, in order to allow for the registration of this vehicle.
10.5. Finance required documents must be submitted within 3 working days of booking unless agreed otherwise in writing.
10.6. Alba Motors LLC are not responsible for the number of finance years (tenure) proposed by the bank.
11. Trade Ins
Trade ins are considered as a separate deal. Alba Motors LLC has the right to refuse trade in or adjust the trade in value if any defects are discovered. This shall not in any way have an impact on the vehicle sold by Alba Motors LLC.
12. Handover
12.1. Vehicle sold will be handed over to the buyer upon completion of all payments, formalities and necessary checks. This process may take up to 7 working days.
12.2. All specially requested work, will be performed after all dues have been paid and the vehicle is registered under the buyer’s name. Buyer agrees to provide all the necessary time to conduct such work.
13. Consent
Buyer understands, agrees and gives consent that any video and/or photo footage taken may be shown and posted publicly on social media and other online portals of the company as a form of advertising. The buyer will be formally notified in such an event.
14. Governing Law & Disputes
Both parties (Buyer/Customer & Seller/dealer) agree that any dispute or claim relating in any way to this agreement with Alba Motors LLC, or to any products or services sold by Alba Motors LLC will be resolved by binding arbitration and within the laws of the UAE.
I agree that I have read and understood the conditions above.
The following conditions shall apply exclusively for car reservation.
1. Reservation:
1.1. The vehicle is reserved for a period of 1 week for a deposit amount of AED 5,000. Additional time may be granted if the deposit amount is increased by AED 5,000 per additional week. The vehicle can be held for a maximum period of 4 weeks. Additional time in exchange for additional deposits may be granted if agreed in writing. Failure to conclude the purchase within this time will result in the forfeit of all deposits paid and Alba Motors LLC has the right to sell the vehicle to any other party without the buyer’s consent.
1.2. This booking is marked as “Vehicle Reservation” meaning that deposits shall not be refunded if the buyer fails to complete the financial dues agreed within the specified period. This includes failure to obtain finance regardless of whether Alba Motors LLC assisted in the application process.
1.3. The buyer is responsible for ensuring that all outstanding fines and/or RTA system blocks are cleared prior to ownership transfer. Upon bank approval or full cash payment, the buyer has 48 hours to ensure all necessary steps are taken, documents are provided and needed signatures are finalised. Failure to meet timelines will result in the forfeit of the deposits paid.
2. Contact & Communication
All communication to the company must be sent via email to [email protected]. Any other method of communication or agreement shall be deemed void.
3. Fees & Payments
3.1. The buyer can pay up to a maximum of AED 5,000 via card. All remaining payments must be through cash, cheque or bank transfer.
3.2. All cheque and bank transfers are subject to clearance.
3.3. Buyer is liable and responsible for the settlement of all Bank Fees, Processing fees, Valuation charge, Vehicle Inspections, Registration, Salik, delivery and storage if delays occur during collection or delays in final settlement.
3.4. Alba Motors LLC is not responsible for the amount of interest the bank wishes to charge or amount of downpayment requested by the bank. This is regardless of whether Alba Motors LLC assisted in the bank application nor what is initially advertised or requested by the buyer.
4. Insurance
4.1. The buyer agrees to ensure the vehicle insurance value is exactly as per the value noted on the bank LPO if buying the car through bank finance.
4.2. All insurance costs must be borne by the buyer.
5. Export
Vat refund for exported vehicles shall only be valid if the vehicle is exported within 90 days of purchase. Valid documentation must be provided in addition the value on such documents must match the actual and exact value of sale. Otherwise, VAT shall be paid to tax authorities with no possibility of a VAT refund.
6. Accessories
Alba Motors LLC does not guarantee the availability of a spare key (or any other accessories) for the vehicle sold. If a spare is required, Alba Motors LLC may assist in providing a quote.
7. Vehicle Condition:
7.1. Inspections must be conducted only at an RTA approved testing facility (i.e. Tasjeel). No unauthorised third party inspections shall be performed.
7.2. The buyer has the right to request an NOC to verify any information needed from the main dealership and/or related parties.
7.3. The buyer must request a time and location for the inspection within 24 hours through the specified contact information on this agreement. Failure to send such a request within this time frame will lose the buyer the right for a deposit refund regardless of the inspection findings.
7.4. Any additional repairs, improvements or upgrades must be mentioned in writing on the contract.
7.5. Inspections, service history verification and vehicle history checks must be performed within 24 hours from the payment of the deposit.
7.6. The buyer confirms that within 24 hours of booking they have seen, inspected, verified history and accepted the vehicle in its current as is condition with all its flaws & defects if any.
8. Refund & Return Policy:
8.1. The deposit is refundable in the condition that the RTA inspection shows major mechanical defects, making the vehicle not roadworthy. However, the deposit shall not be refunded if Alba Motors LLC agrees to repair the defects upon sale & final settlement. Wear & Tear, consumables as well as service related items shall not be considered as major mechanical defects therefore shall not grant a deposit refund if requested.
8.2. The deposits are refundable in case the RTA inspection finds that the vehicle was involved in a major accident affecting its structure and safety. However, the deposit shall not be refundable if the inspection finds visual defects (scratches & dents) and refurbishment repaint work.
8.3. The deposits are strictly non refundable in case the buyer does not proceed with the purchase of the vehicle unless the above terms apply. This includes if the bank finance is rejected or if the finance terms are not up to the expectations of the buyer.
8.4. Any request for change of vehicle at a subsequent date is strictly subject to Alba Motors approval and discretion and may result in forfeiture of deposit as mentioned in clause 8.3 and 8.6.
8.5. Alba Motors LLC holds a strict no refund and no return policy for any vehicle or third party service sold.
8.6. All payments made regardless of value are considered as deposits towards the purchase of the vehicle and can all be subject to forfeit subject to the conditions of this agreement.
9. Warranty & Servicing:
9.1. All vehicles are sold in as is condition with no guarantees or warranties directly by Alba Motors LLC. This includes all visible and hidden defects, damages or repairs. Alba Motors LLC is not responsible or liable for any current or future defects and damages that may occur.
9.2. Any warranty provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.3. Any service contracts provided or sold is strictly with third party providers. The warranty provider has sole discretion and responsibility in relation to coverage.
9.4. Alba Motors LLC has the right to replace the warranty & service contract provider/s at any time with at their own discretion.
9.5. Warranty renewal must be requested annually within 30 days of each policy expiry date. Failure to make a formal request through the contact methods provided, within the specified time, can result in the warranty being voided with no refunds issued.
9.6. It is the sole responsibility of the buyer to follow the warranty provider instructions including (but not limited to) servicing the vehicle at the specified service centers.
9.7. Alba Motors LLC is not liable in case the third party warranty and service contract providers do not honour the agreement or face bankruptcy or clouser. The buyer has the right to follow lawful methods and can hold the suppliers directly liable through courts.
9.8. Buyer understands that vehicles sold may require immediate servicing.
9.9. Any dealership information provided such as history, warranty and service contracts are verbally communicated by the first owner or dealerships. Thus, such information must be verified by the buyer and Alba Motors LLC does not guarantee the accuracy of this information.
9.10. Vehicles over 150,000 Kms will not be eligible for warranty renewal.
10. Trade Ins
Trade ins are considered as a separate deal. Alba Motors LLC has the right to refuse trade in or adjust the trade in value if any defects are discovered. This shall not in any way have an impact on the vehicle sold by Alba Motors LLC.
11. Handover
11.1. Vehicle sold will be handed over to the buyer upon completion of all payments, formalities and necessary checks. This process may take up to 7 working days.
11.2. All specially requested work, will be performed after all dues have been paid and the vehicle is registered under the buyer’s name. Buyer agrees to provide all the necessary time to conduct such work.
12. Consent
Buyer understands, agrees and gives consent that any video and/or photo footage taken may be shown and posted publicly on social media and other online portals of the company as a form of advertising. The buyer will be formally notified in such an event.
13. Governing Law & Disputes
Both parties (Buyer/Customer & Seller/dealer) agree that any dispute or claim relating in any way to this agreement with Alba Motors LLC, or to any products or services sold by Alba Motors LLC will be resolved by binding arbitration and within the laws of the UAE.
I agree that I have read and understood the conditions above.
Request a Car: You can request a car on the Digital Platform. This is a form which can be filled by potential car buyers who are looking for a specific model which may not be available in the market. This information is then passed on to other dealers through our leads segment within the Dealers App or other means. The customer acknowledges, gives consent and agrees for the information provided along with their contact details to be publicly displayed for dealers purchase.
Warranty: You accept and undertake to buy warranty coverage for your vehicle from third party suppliers. The Company shall not in any manner be responsible for or liable to any warranty claims whatsoever including claims for rejection of warranties by third parties or resulting from any policy. The User agrees, accepts and acknowledges that it shall not hold the Company liable whatsoever for any requirements imposed by the warranty provider prior to issuing the policy. The User further agrees, accepts and acknowledges that, in an event that the warranty provider refuses, fails or does not provide the User with a policy, the Company, its management or its operational team shall not held liable for any such reason whatsoever.
Service Contract: Vehicle owners can opt to acquire service contract coverage for their vehicles from third party suppliers listed on Digital Platform from time to time. The Company shall not in any manner whatsoever be responsible nor liable if the third party service provider chooses to reject the contract coverage at anytime for any reason whatsoever.
Service History: Vehicle owners can request a summary of their vehicle’s service history from the main dealer. The dealership will send the requested service history to the Company via email, which will in turn be shared with the customer. You hereby agree, accept and acknowledge that each and all information pertaining to yourself and the vehicle are true and bonafide and that you are solely and entirely liable for any false or misleading information provided. The Company shall not be liable in any manner for any delays caused and you agree and accept that Company does not and cannot guarantee a timeline as to when such information will be provided or if such information is inaccurate.
In order to obtain this information, you agree and confirm that you are the owner of the vehicle or have legal consent from the owner. We are not liable in any manner whatsoever if information provided from the dealership is incorrect or if no history is available for the vehicle. We will not offer any refund in such instances.
Offers and Deals: Offers and deals may or may not relate to vehicle services. The offers are posted by us or on behalf of third party suppliers. We are not liable in any manner whatsoever for the end services or good provided.
Financing: Users are required to provide all necessary information in order to ascertain whether they qualify for bank finance. Submitting this information does not in any manner whatsoever guarantee any approval or rejection of any approval from any bank.
Smart Tenders: Smart Tenders covers several segments dealing with car services and repairs including body work, oil change, tinting, insurance, and more. The Users are required to post the desired job, job date and schedule when they wish the post to appear on Digital Platform. The supplier is notified of the request and the time available for them to make a bid live on Digital Platform. Suppliers may or may not provide the same offer as exactly requested by User. For instance, suppliers may have offered a package deal or a bid with different offer from what was requested. The user must thoroughly review the supplier’s offer in detail and must not make any assumptions of any kind.