WEB ACCESS AGREEMENT
(Last Updated June 18th, 2013)
Welcome to the Billion Automotive Parts (“Company”) website. You agree to comply with the terms of this Web Access Agreement by using the www.billionautoparts.com website; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. This agreement contains the legal principles that control use of, and purchases from, the www.billionautoparts.com website. The Company has the right to update or modify the terms of this Agreement as described below. Please review this Agreement periodically for updates or modifications.
The Company welcomes your questions or comments about this Agreement or our products and services. Helpful Company telephone numbers:
- Delivery 1-888-798-8725
- Customer Service 1-888-798-8725
- Sales Assistance 1-888-798-8725
The Company’s knowledgeable staff is available to answer you calls Monday through Friday from 8 a.m. to 5 p.m. and Saturday from 8 a.m. to 5 p.m. Central Time.
You may also contact the Company’s Customer Service:
- By telephone at 605-336-1700
- By mail to 4200 W 12th St, Sioux Falls, SD 57107
Products:
The Company invites you to browse a large selection of automotive parts.
Pricing:
The Company is the seller of the parts on this website and prices are set by the Company. The price of an item will not be confirmed until you order. The Company makes every effort to keep the prices given for each item up-to-date and accurate, but we do not guarantee accuracy. The Company reserves the right to change prices without notice. Price changes may reflect manufacturer prices or other adjustments. The display of a discounted sales price for a product does not mean that product has ever been sold at the listed regular price.
Correction of Inaccurate Information:
Despite the efforts of the Company, a small number of the items on the website may be mispriced. If an item’s correct price is higher than the stated price, the Company will either contact you for instructions before shipping or cancel your order and notify you of such cancellation and the reason for such cancellation.
Payment:
When you enter your credit card information, you allow the Company to obtain payment authorization and to reserve funds equal to the total purchase amount on your credit card. You card will not be charged until your order is processed, and you can cancel your order before it is processed without incurring a charge. After your order is processed, it will be prepared for shipment. The Company cannot reserve products prior to receiving payment.
Orders/Cancellations/Refunds:
The Company 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 the Company’s acceptance of your order, nor does it constitute confirmation of the Company’s offer to sell.
You may modify or cancel your order at any time prior to the processing of your order. Refunds on orders eligible for cancellation will be made using the original method of payment. The Company cannot guarantee a specific time frame for the return of customer funds. Refund checks may take 14 or more days to process after the order is cancelled.
Return Policy:
If you are not fully satisfied with your purchase, you may return it in accordance with the Company’s return policy.
Shipping and Service Area:
The Company will ship parts anywhere in the continental United States. 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 the Company delivers the item to the carrier. The Company reserves the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined at the sole discretion of the Company. The Company 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 the Company’s designated location.
Warranty and Service Information:
If you receive a product from the Company that has damage, you must contact the shipping company within 24 hours to report the damage. The parts and services from or through this service are provided “AS-IS”, “AS AVAILABLE” and all warranties express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties or merchantability and fitness for a particular purpose. Please ask for a copy of the limited manufacturer warranty applicable for the part purchased.
Limitations of Liability:
Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and purchaser. This site and goods and services would not be provided without such limitations. Any express written warranty relating to a product is a contract solely between the manufacturer and the purchaser.
The sole and entire maximum liability of Company, for any reason, and purchaser’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular parts purchased.
Submission of Personal Information:
Your transmission of personal information to the Company is subject to the Billion Automotive Privacy Policy, which is available by clicking the “Privacy Policy” link located HERE. All terms of the Privacy Policy are included by reference in this Agreement.
Your Responsibilities:
When using the Company’s website, you make these representations and agreements:
- You are at least 18 years old. By conducting financial transactions on this website, you represent that you are 18 years of age or older.
- You will pay the Company all charges and taxes for parts or services provided.
- You have provided complete and correct information, including your full legal name, a valid credit card and any other information requested.
- You are authorized to make charges to the credit card provided.
- You are checking the accuracy of any information provided to the Company.
- Your use of the Company’s website including all purchases and postings, complies with this Agreement, the Privacy Policy and all applicable laws, rules and regulations.
- You will reimburse the Company for any and all liabilities, damages or expenses either of a division of the Company or asserted by a third party (including interest, attorney’s fees and other legal costs) that result from your breach of this Agreement or the Privacy Policy.
The Company may restrict your access to the Company’s website should you fail to comply with these guidelines.
Unauthorized Activities:
You agree not to engage in any of these activities on or with the Company website:
- Modifying, adapting or hacking our website or modifying another website to falsely imply that it is associated with the Company website;
- Copying or using the proprietary materials, including trademarks, copyrighted text or graphics without expression permission from the Company;
- Spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of the Company’s website;
- Transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program; or
- Any verbal, written or other abuse of any customer, officer, employee, owner, agent or affiliate of the Company.
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 the Company immediately of any unauthorized use of your account or password, or any other security breach. You may be held liable for losses incurred by the Company due to someone else using your user name, password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Consent and Changes to Agreement:
This is our entire Web Access Agreement and it supersedes any earlier version. We may occasionally update or change the Agreement. When a revision is made, we will revise the “last updated” date above. The Company encourages you to periodically review the Agreement to stay up-to-date on updates or modifications. Your continued use of the Company’s website constitutes your consent to this Agreement and any updates.
Term and Termination:
Subject to this Section, this Agreement will remain in full effect while you use the website. The Company may, in its sole discretion, terminate your account or your use of the website at any time. 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. The Company reserves the right to change, suspend or discontinue all or any aspects of the aforementioned website at any time without prior notice.
Indemnification
You agree to indemnify and hold harmless the Company 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 the Company 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; or (c) any advertisement or promotion relating to these Terms of Use or this website. You agree that legal action arising from or related to this Agreement or the use or inability to use the Company’s website, will be brought only in the state or federal courts located in Sioux Falls, Minnehaha County, South Dakota.
This provision shall survive the termination of your right to use this website.
Governing Law:
This Agreement and the Company’s Privacy Policy are governing by and must be interpreted according to the laws of the State of South Dakota, without regard to conflicts of laws principles.
Severability:
If any provision of this Agreement is determined to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provision.
The return policy below is general in nature and may not be sufficient for a specific contractual or legal problem or dispute. THE RETURN POLICY IS NOT PROVIDED WITH ANY GUARANTY, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. Publication of the return policy does not constitute the practice of law and is not legal counsel or advice. OEC is not rendering a legal or other professional service. The return policy should not be relied upon as a substitute for consultation with an experienced attorney.
Dealer will not accept returns after 30 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 [15%] 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 at partsinfo@billionauto.com or by calling 605-336-1700 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.