Terms and Conditions
Terms and Conditions
This Terms and Conditions governs any purchases you make through the WWW.PARTSALLIN.COM (“Partsallin”). PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY.
Making Purchases via WWW.PARTSALLIN.COM.
WWW.Partsallin.COM (hereafter abbreviated as “Partsallin”) provides the platform as a location for buyers to locate and purchase new from all sources verified by Partsallin. When you make a purchase through Partsallin, you are purchasing the product from us. You agree that Partsallin is not an agent for you and has no authority to act on your or on your behalf. Partsallin reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
YOUR CONTINUED USE OF PARTSALLIN FOLLOWING ANY SUCH REVISIONS TO THE TERMS AND CONDITIONS OR SUCH POLICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, INCLUDING THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN “GOVERNING LAW AND ARBITRATION” SECTION BELOW TO RESOLVE ANY DISPUTES WITH PARTSALLIN (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE PARTSALLIN AND ASSOCIATED SERVICES.
Registration; Customer Accounts; Use of Site
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Partsallin immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Partsallin or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card if applicable to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the site or of any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by Partsallin in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the site.
You also agree that Partsallin may, in its sole discretion and without prior notice to you, terminate your access to the site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Partsallin will not be liable to you or to any third party for termination of your access to the site.
By establishing an account with us, and each time you make a purchase through our site, you grant permission for Partsallin to contact you at your e-mail address.
Partsallin’s shipment are made via courier such as but not limited to USPS, fedex from warehouse in US. Your purchase of products to be imported may impose legal responsibilities and obligations upon you. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. Partsallin does not control the amount or timing of any taxes, duties or fees. Those are set by the destination country and we cannot estimate what those costs might be for any particular product or destination. We recommend that you contact your local customs officials with any questions or if you need more information.
You may receive access to certain information concerning other Partsallin users when you use the site. You hereby represent, warrant and agree (a) not to use any information regarding other Partsallin users which is accessible from the site or that may be disclosed to you by Partsallin, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Partsallin deems unacceptable or objectionable.
While Partsallin takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Partsallin OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Partsallin WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Conditions of Sale and Payment
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
Partsallin reserves the right to specify payments method such as VISA, mastercard, American Express and Discover Network, or other payment method when deemed necessary. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon SPC receipt of shipment confirmation by the Partsallin. You hereby authorize Partsallin to charge your credit card accounts for any amount that you may owe Partsallin. In addition, Partsallin may also set off any amounts that you owe to Partsallin against any amounts owed to you by Partsallin. In facilitating your payment to us, Partsallin does not provide your credit card information to any other third party.
You agree that you and Partsallin are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your purchase. Partsallin is responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that Partsallin has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold Partsallin harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing. Without limiting the generality of the foregoing, Partsallin currently automatically charges sales tax with respect to any site products shipped to California.
Changing or Cancelling Partsallin Orders
Once you have placed an order for a product in the Partsallin, Partsallin will be handling all aspects of the order process. Partsallin will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the Partsallin for any changes or cancellations that you wish to make to your order. The contact information of Partsallin can be found in your order detail located in your Invoice or in the email we sent to you confirming your order.
Partsallin Customer Service
Other than to verify that payment to the Partsallin through your account was completed, Partsallin does not provide any customer support for any purchase you make through the site, and you agree that Partsallin is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the Partsallin directly for any customer support that you need. The contact information of Partsallin can be found in your order detail located in your Invoice or in the email we sent to you confirming your order.
You may not make any returns to Partsallin of products you purchase in the site. You must contact the Partsallin for any product returns that you wish to make. The contact information of Partsallin can be found in your order detail located in your Invoice or in the email we sent to you confirming your order.
You agree that feedback you provide concerning Partsallin will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Partsallin may publicly post your feedback without any payment or other obligation to you. You agree that Partsallin may edit your feedback in any way that Partsallin sees fit and that Partsallin may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.
Use of Partsallin
You hereby represent and warrant that your use of Partsallin will comply with applicable laws, ordinances and regulations. And Partsallin reserves the right, at its sole discretion, to cancel such purchase.
Content; Copyright and Trademark Notice.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Partsallin, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Partsallin’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Partsallin reserves all rights not expressly granted hereunder. Partsallin expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the site. Partsallin are registered trademarks, trademarks or service marks of Partsallin or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Partsallin or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any Partsallin trademark or service mark without Partsallin’s express written consent is strictly prohibited.
Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Partsallin will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Partsallin and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Partsallin will terminate the infringing customer's account. Partsallin may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, pursuant to 17 U.S.C. §512(c), Partsallin, as an Internet “Service Provider” thereunder, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Partsallin respects the intellectual property of others and we ask other to do the same.
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Dispute Resolution Steps, Claim Process, and Refunds.
If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Partsallin, you must contact the Partsallin directly to attempt to resolve the problem. The contact information of Partsallin can be found in your order detail located in your invoice or in the email we sent to you confirming your order. Partsallin will not mediate, disputes, or resolve the matter on your behalf. Partsallin has instituted a claim process to assist you with claims that you may have with us. Partsallin may charges your credit card for the sale. Any dispute brought by you through your credit card company affects sop. You cannot submit a claim if you have instructed your credit card company to dispute the charge. In addition, sop may prevent further purchases by you through the site if you have instructed your credit card company to dispute the charges made through sop.
You agree to indemnify, defend and hold harmless Partsallin and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Partsallin Buyer Agreement, or your violation of any law, regulation or third-party right.
In the event of a dispute or claim regarding any order or purchase made through Partsallin, or between you and Partsallin Or other third party related to any order or purchase made through Partsallin, you hereby release Partsallin and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from all claims, damages or demands of any kind, whether known or unknown, arising out of or in any way connected with such dispute or claim.
You acknowledge that you may discover facts different from or in addition to those which you now know or believe to be true and that this release shall be and remain effective in all respects even if you discover new or additional facts after you execute this agreement. You expressly waive all rights and benefits conferred upon you by the provisions of section 1542 of the california civil code, which states: ”a general release does not extend to claims which [you] do not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor [releasees]” warranty disclaimer. The Partsallin and any related products, services, content, software, artwork, data, and information are provided ”as is.“ Partsallin expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by Partsallin, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correpartsallinndence to description.
Limitation of liability
The entire risk arising out of your use of Partsallin, the use of any products and/or services offered on or in connection with Partsallin, and/or the use of any content remains with you. In no event shall Partsallin or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this Partsallin buyer agreement, your use of Partsallin or the use of or inability to use any products, services, and/or content obtained through Partsallin, any delay or inability to use Partsallin or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through Partsallin, or otherwise arising out of the use of Partsallin or Partsallin site whether based on contract, tort, negligence, strict liability or otherwise even if Partsallin has been advised of the possibility of such damages. Notwithstanding anything else in Partsallin buyer agreement, the maximum liability that Partsallin shall have is limited to any commissions actualy received by Partsallin in connection with any purchases made by you from a seller through Partsallin. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Partsallin. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of Partsallin buyer agreement) that is an essential basis of the bargain between the parties.
Governing Law & Arbitration
The validity, construction and interpretation of this Terms and Conditions, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Delaware in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law. You agree that any dispute, claim or controversy arising out of or relating in any way to the Partsallin’s services or Sites or this Terms and Conditions or relating in any way to Partsallin or Sites shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Terms and Conditions to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Partsallin and Partsallin waives its right to a trial by jury or to participate in a class action against you. This means that neither you or Partsallin can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Partsallin further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Terms and Conditions and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Partsallin Buyer Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Partsallin Buyer Agreement. If your claim in arbitration is for less than $10,000, Partsallin will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. In lieu of arbitration, you may also elect to have your claims decided in small claims court, so long as the small claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small claims action.
No delay or failure by Partsallin to take action under this Terms and Conditions shall constitute any waiver by Partsallin of any provision of this Partsallin Buyer Agreement. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of Partsallin’s successors and assigns. Any claim under this Terms and Conditions must be brought within one (1) year after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. Partsallin may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions constitutes the complete and exclusive agreement between Partsallin and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Effective Date: January 16th, 2018