BREMBOSTOREUSA.COM WEBSITE TERMS AND CONDITIONS
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Effective Date: July 11, 2017
THE SHOPPING CART FEATURE ON BREMBOSTOREUSA.COM IS OPERATED BY A THIRD PARTY VENDOR CALLED NEWPARTS, INC. WHEN YOU PURCHASE PRODUCTS FROM THIS WEBSITE, YOU ARE NOT PURCHASING PRODUCTS DIRECTLY FROM BREMBO. THE PRODUCTS ARE SOLD BY NEWPARTS, INC.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Website means “BremboStoreUSA.com”. “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Newparts, Inc.. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In order to make purchases through this Website, You will be required to submit Your credit card or debit card information or use a third-party payment option. By submitting Your credit card or debit card information, You are providing us with written authorization to charge your credit card or debit card, subject to credit card regulations and all applicable state, federal and international laws governing the use of such cards. By placing an order and submitting Your credit card or debit card information, You are certifying that You are either the card holder or have the card holder’s authorization to submit the order with the holder’s card.
Our Right to Cancel an Order
In the event that We believe that You have provided Us with information that is untrue, inaccurate, not current, or fraudulent, in our sole determination, We shall have the right to cancel any order and refuse all current or future access to the Website or suspend or terminate any portion or part of Your order, in addition to pursuing any other available legal remedies available to us in order to recover Our losses from fraudulent activity.
Receive free standard ground shipping on all orders within the contiguous United States (excluding AK & HI and APO/FPO/DPO addresses; shipping fees will be charged for these addresses). All free-shipping orders will be shipped to home addresses using either standard U.S. Postal Service or FedEx ground, at Our discretion. Free shipping does not apply to (i) international orders and (ii) enhanced shipping options, such as next-day air, second-day air, and freight (freight may apply to overweight/oversized items). Free shipping is limited to items that are purchased through this Website. Customer is solely responsible for payment of all charges, duties, fees, and taxes on freight orders, international orders, or other orders. We reserve the right to end or change this free-shipping offer at any time without notice.
Refunds and Return Policy
Refunds for parts purchased though this Website will be issued only in accordance with this section and only on the part itself minus any discounts and/or restocking fees. Outgoing shipping charges are not refundable for any reason. In order to receive a refund, you must contact Us at: (855) 478-6565.
You may not return a part unless You have contacted Us and we have approved the return.
We will not accept returns in the following events:
- The part has been programmed, installed, disassembled, or modified in any way
- The manual has been opened
- Any pieces of the part are missing
- The original box for the part is missing
- The part has been used or damaged in any way or
- Any condition exists that prevents Us from reselling the part
If You return a part for any reason other than Our error, You agree to pay a 20% restocking fee, which will be deducted from your refund.
We will attempt to be accurate regarding part descriptions. If a part offered on the Website is not as described, Your sole remedy will be to exchange it for a different part of equal or lesser value, or to receive a full refund as provided above.
While we attempt to keep our prices up to date, it is possible that parts on the Website may be mispriced. In the event that we discover that a part is mispriced, we will: (a) charge the lower price and process the order if the correct part price is lower than the price stated on the Website; or (b) at our discretion, contact You for instructions before processing an order or cancel Your order and notify you of such cancellation if the correct part price is higher than the price stated on the Website.
Links from this Website
We do not monitor or review the content of other party’s websites that are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these websites. We encourage our users to be aware when they leave our site; to read the privacy statements of these websites. You should evaluate the security and trustworthiness of any other website connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
We have e-mail addresses for inquiries. These and other contact information can be found on our Contact Us link on our Website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
We warrant that the part shipped to you will be what you ordered. In the event that You receive a part that is different from what you ordered, your rights are limited to returning the part to Us subject to our Refund and Return Policy above. We provide no other warranty for parts purchased from our Website, and all other warranties are excluded. Some parts are covered by a separate manufacturer’s warranty, and in such event, your sole warranty shall be the warranty provided by the manufacturer. However, You may be required to register your part with the manufacturer. In the event that You fail to register your part as required by the manufacturer, We shall not be liable in any way for defects in the part or your failure to register your part with the manufacturer.
Exclusions and Limitations
The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this Website and its contents or that is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- excludes all representations and warranties relating to any guidance, recommendations, or advice given by employees through Live Chat, including in relation to any inaccuracies or omissions in such guidance, recommendations, or advice.
DISCLAIMER OF WARRANTIES
WE MAKE NO OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED REGARDING THE PARTS PURCHASED THROUGH THIS WEBSITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF OR PURCHASE THROUGH THIS WEBSITE, EVEN IF WE WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY DAMAGES RELATED TO IMPROPER INSTALLATION OF A PART OR YOUR INSTALLATION OF AN INCORRECT PART. YOU SPECIFICALLY AGREE THAT OUR LIABILITY FOR MONETARY DAMAGES TO YOU SHALL IN NO WAY EXCEED THE COST OF THE PART PURCHASED.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected to the extent that waiver of such statutory rights is not legally permitted.
The laws of Tennessee govern these terms and conditions. By using this Website or buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the courts in Davidson County, Tennessee in all disputes arising out of such access. If any of these terms is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or in any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by a duly authorized representative of the Company.
Notification of Changes
The Company reserves the right to change these Terms and Conditions from time to time as it sees fit by posting new terms and conditions, and your continued use of the Website will signify your acceptance of any change in these terms.