Accessing, browsing or otherwise using www.STEWARTSAUTOMOTIVEGROUP.com (“our Website”) or the app, portal or services of Stewarts’ Automotive Group, indicates your express and irrevocable agreement to all the terms and conditions hereinafter appearing or as may be adjusted from time to time in the sole discretion of Silver Star Motors Limited, Stewart’s Auto Paints Limited, Stewart’s Auto Sales Limited (trading as Stewart Industrial, Stewart Auto Gallery, Amber Solutions, Mitsubishi Motors, Suzuki, Honda Bikes), Tropic Island Trading Company Limited, JAMECO Equipment Company Limited, Stewart Finance Jamaica Limited, Windjammer Limited T/A Stewart’s Automotive Group, a business registered in Jamaica with offices at 491⁄2 South Camp Road, Kingston 4, St. Andrew, Jamaica (also “we“ or “us”). Please read carefully before placing your order. These terms and conditions may be modified from time to time, and the modification shall be deemed effective from the date first posted on the Website, or app terms. It is your responsibility to review these Terms and Conditions periodically. Your continued use of the Website after the date of posting the modification of the Terms and Conditions shall constitute your agreement and a valid modification thereof.
When you place an order, you will be asked to confirm that you have read and agreed to these Terms and Conditions, and that, as a part of these Terms and Conditions, you give your consent to the use of your personal data. If your order is accepted, these Terms and Conditions and your order form will together form a legally binding contract between you and us. A contract will be made when we accept an order, and acceptance will be by way of emailed confirmation of acceptance.
The advertising or display of information relating to any Products on our Website is not an offer for sale but an invitation to you to offer to buy those Products. The placing of an order is treated as an offer to buy the Products stated in the order. We do not enter into a contract until you accept an order. Acceptance will occur when we send confirmation to you of acceptance of your order. You also agree to provide accurate information, including your contact information.
The contract will consist of the order, our confirmation of the order and these Terms and Conditions. If you wish to change any matter or information stated in the order or which is set out in our confirmation of the order, you must contact us by email as soon as possible after receiving the confirmation, since any change will be a variation of the contract which will require the agreement of each of us. You must notify us of any change of address by email as soon as possible if you wish to change the address for delivery. We reserve the right to refuse any such request or change in the delivery address as both are determined by the progress of your order at the time.
You must be at least 18 years of age to enter into a contract with us (to order online).
If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. You also agree that you are responsible for any and all activity that occurs on your account, even if you share login details with others.
A description of the main characteristics of the goods and services you order are on the Website (“the Product(s)”) or specified in your order form before you confirm the purchase, along with the price of the Products plus delivery charges. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The “Contract Price” will be the price and delivery charge as stated on the Website at the time of the order, plus applicable General Consumption Tax at the rate applying at that time, and/or sales or other taxes. The Contract Price must be paid for in full in cleared funds before the Products will be sent to you. Where you provide payment information by any electronic method, the Contract Price will be deducted when your order is accepted, and written confirmation of this will be sent to the email address you provide. Prices stated on our Website or in any advertising material published by us may be altered by us at any time.
We take reasonable steps to make sure that the prices listed on the Website are accurate, however sometimes there are mistakes. When this occurs, we will be under no obligation to fulfill the order at the incorrect price, but we will inform you as soon as possible and give you the option to pay the correct price or cancel the order. Where you choose to cancel the order, we will refund you payments already made in relation to that order.
All Products are subject to availability. We will refund payments already made by you if we are not able to supply the Products to you for any reason. You accept that on refund of your payments already made, we will be under no obligation to make any other payments to you, and you agree to indemnify and hold us harmless for any loss or damage howsoever arising in connection with the Product’s unavailability. We may also in our sole discretion choose to offer you an alternative Product. You may choose to accept this alternative, including any price difference that may apply.
We follow reasonable measures to make sure that the description of the Products match the description on the Website. Due to circumstances outside of our control, we may not be able to fulfill an order to a specific description. If this inability is a result of a change made by the manufacturer then: a) If the change is minor in the design or technical specifications, we reserve the right to supply the Product as changed if there is no significant difference in appearance, performance or quality of the Products supplied, if they are equivalent or superior value and if there is no increase in the Contract Price. In such event you will be bound to accept the Products subject to your right to cancel as contained herein. b) If the change is significant and inhibits us from providing the Products as described, we reserve the right to offer you an alternative Product. In such event we will inform you as soon as practicable of the change and offer the alternative. If you accept the alternative any difference in the Contract Price must be settled in full prior to dispatch (a refund of the difference will be given in the event the alternative Product is cheaper). Should you not choose the alternative, payments already made by you for the Product will be refunded.
The Products are supplied to you under the relevant Manufacturer’s Warranty for that Product.. Our Products undergo extensive quality control testing by the Manufacturers. It is our intention that all Products supplied will be of reasonable quality, will meet their description and will be fit for the purposes for which similar Products are normally supplied. The quality includes their state and condition, appearance and finish, durability and safety. Please be reminded that Manufacturer’s Warranty only covers manufacturing defects. If a product is deemed to have a defect caused by the materials or manufacturing process, it will be repaired under the Manufacturer’s Warranty free of cost to the client.
You understand that we do not manufacture any of the Products sold through the Website and that the only warranty provided is the Manufacturer’s Warranty, where applicable. For Products that do not have a manufacturer’s guarantee, we provide a warranty on delivery. The period of Warranty provided by Stewart’s will be determined by the type of Product and as stated at the time of purchase. However, this warranty does not apply to defects that result from, but are not limited to, fair wear and tear, willful damage, abnormal storage or working conditions, liquid or blunt force damage, accident, negligence by you or by any third party; failure to operate or use the Products in accordance with the user instructions and any customer advisory provided; any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification requested by you.
Risk of loss or damage to the Products pass on delivery to the address stated in the order. On full settlement of the Contract Price ownership in the Products passes to you.
We take all reasonable steps to deliver, when applicable, the Product to you as soon as possible after acceptance of the order and payment of the Contract Price is confirmed. For various reasons delays may occur from time to time including but not limited to delays by a supplier or manufacturer. When we become aware of an interruption that may cause a delay of greater than 45 days, we will inform you as soon as reasonably possible.
Upon delivery, collection or pick-up by you or your representative you are responsible for ensuring that you have received the correct Product, in working order and undamaged. In the event the Products appear defective, damaged or incorrect, do not use them, as this may void the warranty or returns policy.
New Motor Vehicles must be picked-up at the showroom location by you. This ensures that you are able to walk-through the handover with one of our representatives on site. Please contact us if you need special arrangements need to be made for delivery, and we will try to accommodate.
It is your responsibility to inform us if a Product does not arrive on the expected delivery date or appears to be damaged or defective, as soon as practicable. We may request that you return the Product in its original packaging for examination. If in our discretion the Products are damaged/defective, we will have the option to refund or replace the Products and postage costs for returning the damaged/defective Products. Unfortunately we cannot refund or replace items that are lost prior to return to our offices.
A wide range of Products are sold on the Website that are varied and often highly specialized. As a result please check your Product invoice for your returns or refunds policy if applicable. We remind you that Manufacturers’ Warranties do not allow for refunds, only repairs where there is a defect caused by the materials or manufacturing process, which will be done free of cost to the client.
Our liability is for loss or expense reasonably incurred by you as a reasonably foreseeable result of our breach of the Terms and Conditions. Our liability for defective Products is limited to the full Contract Price and subject to the relevant Manufacturer’s warranties. We will not be liable for any indirect loss such as any additional costs incurred by you in obtaining another product from another source, or any other loss or expenses incurred by you by being prevented from using the Products from the expected date of delivery or at any time after that date. Refunds will be by the same method of payment made by you when paying for the original order.
We provide no representation, warranty or undertaking as to the Products, their fitness for any purpose, or their suitability for you. Upon purchasing the Products, you agree to indemnify and hold us harmless for any loss or damage howsoever arising in connection with the Products. Any legal claim related hereto much be brought directly against the manufacturer. You agree to release, defend, indemnify, and hold us, our affiliates, and subsidiaries, and their officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or app, the Products or (b) your violation of these Terms and Conditions or (c) your violation of any laws or regulations.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, regulations or laws of any government, poor weather or any other cause, improper installation of a Product by a third party, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or the failure or delay or public utilities or common carriers. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel a Contract affected by an Event Outside Our Control in certain circumstances. To see if your Product qualifies for cancellation, please review your invoice, or contact us.
We treat as confidential all information obtained from you in placing an order and in the course of the contract. We will not disclose any of that information to any third party without your prior written consent, except to such persons and to such extent as may be necessary for the proper performance of the contract or compliance with any other legal obligation, and by making an order you give us permission so to do. We will not use any of that information, without your prior written consent, otherwise than for the purposes of the contract. You accept that your personal data may be supplied to our delivery and fulfillment partners in order to fulfill your order.
Any notice to be delivered under these Terms and Conditions shall be by hand, or sent by pre-paid first class post or by facsimile transmission or electronic mail. It will be treated as given on the day when the party concerned delivers it by hand, posts it, or sends it by fax to the correct fax number of the other party or by email to the correct email address of the other party.
In case any provision of, or obligation under these Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby and the parties hereto shall agree suitable measures to achieve the intent of the severed provisions by legal means.
By purchasing these Products, you agree that you will not use them for any unlawful purpose or in contravention of any applicable law or statute, including but not limited to the infringement of the privacy of any person, or the infringement of the Proceeds of Crime Act, Cyber Crimes Act or any similar legislation.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by Jamaican law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Jamaican law. We both agree that the courts of Jamaica shall have final and exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
The content of this Website is the copyright of Silver Star Motors Limited, Stewarts Auto Paints Limited, Stewart’s Auto Sales Limited Tropic Island Trading Company Limited, and Windjammer Limited T/A Stewart’s Automotive Group (“the Group”). Any other trademarks, service marks, logos, tradename and any other proprietary designations are the trademarks or registered trademarks of their respective parties (“Other Marks”). The Group’s copyright and the Other Marks must remain on all reproductions of material from this Website (“the Material”). You may not republish, retransmit, redistribute, or otherwise make the Material available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without the Group’s express prior written consent.
Nothing on this Website constitutes advice, medical, legal or otherwise, nor does the transmission, downloading or sending of any information or the Material create any contractual relationship.
The Group accepts no liability or responsibility whatsoever for any loss or damage suffered by any user on the information contained on this Website or the Material purchased herefrom. By continuing on this Website you are deemed to accept the Website’s Terms and Conditions.
The Website is provided by the Group on an “as is” and “as available” basis. The Group makes no representations or warranties of any kind, express or implied, as to the operation of this Website on an uninterrupted, secure, or error-free basis, or the information, content, materials, or Products on this Website, save for manufacturer’s warranties where applicable. You expressly agree that you use of this Website is at your own risk.
You acknowledge and agree that to the fullest extent permitted by the applicable law, the Group disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. The Group does not warrant that this Website, its services, or emails which may be sent from the Group are free from virus, or other harmful components. The Group will not be liable for damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
We believe strongly in protecting our customers’ privacy so when we collect personal information you provide when you use our Website to purchase goods or enter a website promotion or competition we will use our best endeavours to use it or disclose it only in the manner stated below. By using this Website in any way, you agree that we may do so and consent to our use of your data and have accepted the terms and conditions as described in this privacy policy (“Privacy Policy”).
Communicating with you: Each time you use our services, we will send you an email verifying the order and confirming that the Products requested have been sent.
Use of Cookies: Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to help us identify you when you come to the Website. You have choices with respect to cookies and you can modify your browser preferences. If you choose to reject all cookies however you will be unable to use those Website services (such as online purchasing) which require registration in order to participate.
When you access the Website to perform any of the following functions, you provide us with personal information, which we may store in the context of this Privacy Policy:
a) Create an account to shop on the Website or sign up to receive news or notifications from us; b) Place an order on the Website; c) Purchase products or services through the Website; d) Maintain a commercial relationship with us; or e) Contact us for any other reason via email, telephone, fax, in writing or in person at one of our locations.
We undertake to use commercially reasonable efforts to protect such information from unauthorized access, loss, misuse or alteration, through technical, contractual, physical and administrative measures.
We do not keep full credit card numbers or credit card security codes, but we do collect, process and maintain certain payment information in compliance with data security rules adopted by the credit card companies. We may also automatically collect information on you for the purpose of recognizing you in the future, and to help enhance your customer experience; this information includes but is not limited to your computer’s network address and operating system, the site from which you linked to the Website, your site activity and the time and date of your visit and purchases. Use, Storage and Disclosure of Your Personal Data: We use the personal information collected to process your orders or transactions, to follow up on any requests or comments you may have, to provide quality customer service, and to understand your shopping needs so as to better serve you. We may also use your personal information to provide you with promotional information, products and services as well as special notifications. In the case of employees and suppliers, we use your personal information to process payments, support external/internal audit processes, and additional purposes in an effort to enhance the relationship between you and us.
We will not sell, license, transmit or disclose personal information you provide to us outside our
database unless: (i) you expressly authorize us to do so, (ii) it would facilitate providing products or services to you, (iii) it is to be shared with entities that provide services of marketing on our behalf or to other entities with which we have joint marketing agreements, (iv) it is shared with our parent company or its affiliates, and/or (v) is required or permitted by law or court order. In certain circumstances the personal information you provide maybe shared with third parties strictly in order to provide the products offers or services. We are not responsible for any additional information you may provide directly to third parties.