Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
● Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
● Country refers to: Florida, United States
● Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Daves Auto Accessories , ..
● Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
● Goods refer to the items offered for sale on the Service.
● Orders mean a request by You to purchase Goods from Us.
● Service refers to the Website.
● Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
● Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
● Website refers to Daves Auto Accessories, accessible from www.davesautoacc.com
● You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
● Goods availability
● Errors in the description or prices for Goods
● Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Please inspect all shipments upon delivery. If your shipment happens to arrive damaged, please write "DAMAGED" on the waybill before signing. DO NOT REFUSE THE SHIPMENT. Failure to do so will result in the insurance claim being denied. The shipper is responsible for reimbursing for damaged goods. Body parts ship unpainted in raw form and modifications may be necessary to assure proper fit. Minor scratches, pitting and cracks are common and disappear after cutting, filling, sanding and finish work. Professional installation is recommended.
It is extremely important to follow these instructions exactly to ensure that your shipment will be covered by the damage insurance.
When the shipment arrives, please be sure to thoroughly inspect the box and its contents for any major damage to the parts. You must unpack the order and remove each item from the box to check for concealed damage. If you do find damage to any of the items, please physically write "Damaged" on the delivery bill. Do not write anything else other than "damaged" on the delivery bill as it can affect the outcome of a claim decision by the shipping company. You will then accept the shipment as is, and notify us immediately. We will ask for digital pictures to verify that damage has occurred as it will be needed for processing the claim. In the instance major damage has occurred, we will file a damage claim with the shipper and ship you new parts as soon as they are available.
**Please note that if a product is damaged in transit and it was not inspected at delivery and not noted so on the delivery bill, we will be unable to assist beyond that point. Once the customer signs the bill of laden the shipping company will not allow us to submit a claim on your behalf.
**For orders shipped to a body shop it is your responsibility to contact them prior to delivery to ensure they inspect it before signing for it. If your body shop signs for the package without inspecting its contents for concealed damage we will not be able to file a claim for you with the shipping company.
I agree that I will inspect the item at delivery and fully understand that if I do not inspect this item at delivery and unbox it at a later time to find concealed damage that I waive all rights to file a damage claim on the delivery insurance. I also fully understand that a damaged item cannot be returned for refund or store credit under any circumstances.
Shipping Damages For Items Arriving Via Freight Delivery
The parts must be shipped back to us in new, re-saleable condition, and in the original packaging. If you have painted or altered the parts in any way, they will not be accepted or credited. We reserve the right to reject all returns on non-defective products and all returns are handled on a case-by-case basis. Items not subject to returns are those that arrive by special delivery or truck freight including, but not limited to; body kits, bumpers, wings, hoods and wheels. No exceptions will be made. If the item shows up damaged, it must be signed for as "damaged" upon delivery, or it is not going to be eligible for exchange. Because some products may be damaged during transit, it is advised that you inspect all packages immediately in the presence of the delivery person. Do not sign the delivery receipt until all of the packages have been inspected and pass that inspection. If your package has been damaged, sign the delivery slip "damaged" and notify us within 48 hours of the delivery. Keep a signed copy of the receipt with your signature and the drivers. Failure to comply with this policy may result in the damage claim being denied.
If you refuse delivery of your item, you will be required to pay the original shipping charges, the return freight charges and a 25% restocking fee. Before any future orders will be shipped to you, these charges must be paid in full.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
● The supply of Goods made to Your specifications or clearly personalized. ● The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
● The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
● The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
● The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations
may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Competition Product Disclaimer:
- If you modify your vehicle with competition products, it may not meet Federal, local and state requirements for use on public roads. It is up to the customer to comply with all Federal, local and state laws. Using competition products may affect your warranty or insurance.
- If damage to the vehicle occurs because of modifications, improper installation or the improper use of the item(s), it will be the responsibility of the customer, and not of the manufacturer, retailer or distributer. There is no warranty, stated or implied, due to driving conditions or unusual use. The customer is responsible for any and all damages, liabilities or repair and service costs incurred.
- Because all parts are subjective to the owner, Daves Auto Accessories cannot guarantee better performance or ride quality from the customer's vehicle.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Copyright and Trademark
All site design, graphical user interface, text, graphics, interfaces, and the selection and arrangements thereof, are the property of Bodykits.com or its content suppliers and are protected by U.S. and other international copyright laws. Any unauthorized use of the materials appearing on Davesautoacc.com website or printed material is in violation of copyright, trademark and/or other applicable laws and could result in criminal or civil penalties.
All Davesautoacc.com trademarks, trade names, service marks and copyrights are proprietary to Davesautoacc.com. All material on this site is trademarked and can not be used in connection with any product, service, website or printed material in any manner without written permission from Davesautoacc.com. All other trademarks, product names, company names, logos and copyrights are the property of their respective owners.