Terms and Conditions of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the [Dealer] website located at www.AutoPartsND.com, (the “website”). The website is the property of [Dealer] (“Dealer”) and its licensors. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Pricing
Dealer, is the seller of the parts on this website and prices are set by Dealer. Changes may be made to the prices for any products, without notice at any time prior to placement of your order. The products offered on this website are subject to availability. Dealer reserves the right to cancel orders in its sole discretion at any time. Parts prices online are for retail customers only. Prices do not apply for vehicles serviced at any repair facility including Dealerships.
The price of an item will not be confirmed until you order. Further, your credit card will NOT be charged until after your order has been shipped, delivered to you or picked up at Dealer’s location. Despite Dealer’s efforts, a small number of the items on the website may be mispriced. If an item’s correct price is higher than the stated price, Dealer will either contact you for instructions before shipping or cancel your order and notify you of such cancellation and the reason for such cancellation.
Orders
Dealer is not responsible for orders that are not received. All orders are subject to a verification process, and any information submitted that cannot be verified by a customer’s financial institution(s) may cause delays. Your receipt of an electronic or other form of order confirmation does not signify Dealer’s acceptance of your order, nor does it constitute confirmation of Dealer’s offer to sell. You may modify or cancel your order at any time prior to the processing of your order.
Shipping/Delivery/Pickup
All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you when Dealer delivers the item to the carrier. Dealer reserves the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined at the sole discretion of Dealer. Dealer works with several partners to ship your order, including UPS and Federal Express. If you choose to pick up your item, the risk of loss and title for such items passes to you when you pick-up the items from Dealer’s location.
Product Warranty
Please ask for a copy of the limited warranty applicable to the part purchased.
Accounts, Passwords and Security
You may choose to register for an account and be prompted to choose your user ID and password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Dealer immediately of any unauthorized use of your account or password, or any other security breach. You may be held liable for losses incurred by Dealer due to someone else using your user name, password or account. You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. Dealer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Errors on the Website
This website may include inaccuracies or typographical errors that may be corrected as they are discovered at the sole discretion of Dealer. Prices and availability of products and services are subject to change without notice. Dealer reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, confirmed and your credit card or PayPal account charged. If your credit card or PayPal account has been charged for the purchase and your order is canceled, Dealer will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Dealer's return policy.
Term and Termination
Subject to this Section, this Agreement will remain in full effect while you use the website. Dealer may, in its sole discretion, terminate your account or your use of the website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. By entering an order, you accept personal liability for any charges that you may incur even if your account or use of the website is subsequently terminated. Dealer reserves the right to change, suspend or discontinue all or any aspects of the aforementioned websites at any time without prior notice.
Disclaimer
The website and products (except as set forth in the warranty section) are provided “as is” and as available and Dealer expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Dealer makes no warranty that the website: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Dealer makes no warranty regarding the third party sites. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT SHALL DEALER, DEALER’S MANUFACTURER, OECONNECTION LLC OR THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; OR YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE.
Indemnification
You agree to indemnify and hold harmless Dealer and its owners, directors, officers, employees, agents or other representatives from and against any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dealer by any third party due to or arising out of or in connection with your use of the website.
Dispute Resolution
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to: (a) these Terms of Use; (b) this website; (c) any advertisement or promotion relating to these Terms of Use or this website; or (d) transactions effectuated through this website, or (e) the relationship which results from these Terms of Use (including relationships with third parties who are not party to these Terms of Use) (collectively “Claims”), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Dealer related to any claim.
This provision shall survive the termination of your right to use this website.
Governing Law
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the [State of ND], without regard to its conflict of laws provisions.
Miscellaneous
Dealer reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Dealer grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. Tampering with the website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the website are prohibited. You agree not to use any robot, spider, automated technology, device, or manual process to monitor or copy the information contained on this website and you will not to use any of the same to interfere or attempt to interfere with the proper working of this website. This website is open to U.S. residents (excluding U.S. territories) who are 18 years of age or older. By conducting financial transactions on this website, you represent that you are 18 years of age or older.
Dealer will not accept returns after [14] days. All returned parts must be in the original packaging and must include a copy of your invoice and you must have a Return Authorization number. There are no returns on electrical, fuel, high performance parts, racing parts, previously installed, or special ordered parts. There will be a [2%] restocking fee for all returns if Dealer concludes the order was your error, but still a returnable item. If the error is Dealer’s error, we, in our sole discretion, will cover shipping expenses and re-send the item to you. If the order error is the customer’s error, charges for shipping and handling are not refundable.
Please contact us [by phone/email/fax] for a Return Authorization number, prior to returning any merchandise. If you choose to email us, please include your order number and \"Return Authorization\" in the subject line. Returns will not be accepted without a Return Authorization number. Parts must be returned for inspection prior to any credit being issued. All return parts must be uninstalled and returned in the original, unopened, undamaged packaging or you will not receive credit. Parts must be accompanied by a copy of proof of purchase invoice (this can be found under “Your Account” on our site). All shipments must be prepaid. Cost of delivery and freight collect shipments will be refused. If these requirements are NOT met, parts will be either scrapped or returned to you at your expense.