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Terms & Conditions

TERMS AND CONDITIONS

 


 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Phastek Performance LLC. aka Phastek (the "Company") maintains this Web Site, accessible via http://phastekperformance.com (collectively the "Web Site") for informational purposes only. These Terms and Conditions ("Terms and Conditions") govern access and use of this Web Site and any Content, Products or Services (as defined below) offered via the Web Site. For the purposes of these Terms and Conditions: (i) "Content" means, collectively, any text, software, code, tags, forms, programs, applications, specifications, images, graphics, "look and feel," audio files, articles, press releases, documentation and other information and content available via the Web Site, whether provided by the Company or any other party; (ii) "Services" means, collectively, any catalog, order process, delivery, shipping, returns, promotions, tracking, customer service, alerts, announcements, discounts, rebates, search tools, warranty claims, customer registration and other related services provided in connection with the Web Site; (iii) "Products" means, collectively, any automotive products, guides, guidelines, prizes, logos, data and other materials and products available through the Web Site; and (iv) "You" or "you" or "Your" means any customer or prospective customer (and shall be interpreted to extend to such customer's or prospective customer's employees, agents, and/or contractors within its control to the extent permitted by applicable law) of Company that accesses or uses the Web Site, including all corporations, limited liability companies, partnerships, sole proprietorships, business associations, and any other business or juridical entity that is a current or prospective customer of Company.

 

ACKNOWLEDGEMENT

 

By accessing and using this Web Site (submitting an order, creating an account, signing into your account, or other use of this Web Site), the Products, the Services, and the Content you acknowledge that you have read, accept, and will be bound by these Terms and Conditions as if you had signed them. Your use of this Web Site, the Services, the Products, and the Content is further subject to the additional terms and conditions (collectively, the "Additional Terms"), which are detailed in other locations. In the event of a conflict between these Terms and Conditions and the terms and conditions of any Additional Terms with respect to this Web Site, any Content, any Services and the Products, the terms and conditions of the applicable Additional Terms shall control solely with respect to the subject matter thereof. If you do not agree to these Terms and Conditions and any applicable Additional Terms without modification or qualification, you must exit this Web Site immediately and discontinue any use of any Services or Content from this Web Site. You may not access or use this Web Site or accept this agreement unless you are at least 18 years old. The Company reserves the right to modify or amend these Terms and Conditions at any time without notice.

 


ACCEPTING ORDERS

 

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. The Company reserve the right, without prior notification, to limit the order quantity on any item and/or to reuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Web Site are subject to change without notice. Errors will be corrected when discovered and the Company reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Web Site. The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at the Company’s sole discretion.

 


RISK OF LOSS

 

All products purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

 


USE OF PRODUCTS WE SELL

 

Many of the products sold through the Company are for racing and off-road use only and should never be used on public streets or highways. Please check your local, state, & federal laws regarding such use.

 

The Company is not responsible for any damage any product we sell may cause you, your vehicle or other vehicles or persons.

 

All products sold by the Company are intended solely for use on USA-specification vehicles, unless specifically noted on a particular product. The Company makes no guarantee that any products we sell will fit or work on a non-USA specification vehicle.

 

The Company makes no guarantee a product we sell will fit with any other aftermarket product(s) you have obtained from us or any other source.

 

All products sold through the Company cannot be modified or altered away from the original part number or design in which the product was sold. If at any time you need a product altered to meet your specific requirements, then you will need to contact the manufacturer directly to have such custom modifications made before making a purchase from the Company. Any product bought through the Company and then sent to the manufacturer or outside source to be modified from its original design associated with the part number will not be eligible for a warranty, return or refund through the Company. If you purchase a product and it does not fit, or you feel that it is not correct then you can return the product as long as it meets the Return Materials Authorization rules. Please Click HERE to view our Return & RMA Policy

 


PRODUCT DESCRIPTIONS/PRICING ERRORS

 

Although the Company makes every effort to ensure that the information listed on the Web Site is accurate and up to date, sometime due to factors outside of our control, that information may be incorrect. The Company does not warrant that product descriptions or other content on the Web Site are accurate, complete, reliable, current, or error-free. The Company will not be held responsible for pricing errors, typographical, or other errors related to product description, product pricing, shipping pricing, or other content errors. If a product offered by the Company is not as described, your sole remedy is to return the product.

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from the supplier or manufacturer, the Company reserves the right to refuse or cancel any order placed for product(s) listed at the incorrect price or with incorrect information. The Company reserves the right to refuse or cancel any such order whether or not the order has been confirmed and your payment has processed. If your payment has already processed for the purchase and your order is canceled before the product has shipped, the Company shall immediately issue a credit to your payment method account in the amount of the charge, and you will be given the option to purchase the product at the correct price or cancel it.

 


RETURNS

 

If at any time you are not satisfied with your purchase from Phastek, you may return the product within 30 days of delivery.

 

The product(s) purchased must still be in new condition, including original packaging, parts, accessories, and paperwork (please do not assemble, install, or modify the product in any way). If you are returning due to fitment, flaw, or defect, pictures may be necessary to complete your request. Custom products (clearly indicated as Custom on the product page) and Clearance products are non-returnable.

 

Please Click HERE to view our Return & RMA Policy.

 


CANCELLATIONS

 

You cannot cancel an order once it has shipped. If an order has shipped and you do not want to keep the product(s), our return policy will apply. If you return the product(s) and/or refuse the shipment(s), our return policy will apply. You cannot cancel an order that is noted as a "Special Order" or “Custom Order” once manufacturing has begun.

 

Please Click HERE to view our Cancellation Policy.

 


LABOR FEES INCURRED

 

You agree to hold the Company harmless for any and all labor incurred involving the installation, repair or maintenance of any product(s) purchased from the Company. The Company is not responsible for any damages, additional labor necessary to repair a vehicle, loss of time, or loss of use of the vehicle resulting from the product(s) purchased from the Company.

 


THIRD PARTY SITES, SOCIAL MEDIA, AND OTHER USERS

 

The Web Site may contain links to, advertisements for, or material from third party Web Sites (collectively, “Third Party Sites”) (i.e. social media pages or Manufacturer’s Web Sites). The Company only provides material from these Third Party Sites and links to these Third Party Sites as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Sites. Such Third Party Sites are not under the control of the Company and the Company is not responsible to any Third Party Sites or for any material or advertisements from Third Party Sites. You agree that you use all Third Party Sites at your own risk and may be subject to the terms and conditions and privacy policies of such Third Party Sites.

 

The content posted by fans on our social media pages do not necessarily reflect the Company’s views or opinions. We are not responsible for anything contained in the links on these sites to third party content or Web Sites. We reserve the right (but have no obligation) to remove any posts or activities that we feel are spam, off-topic, disrespectful to other users, violate the rights of others, or creates liabilities for us or any other person at our sole discretion.

 

The Company does not control User Content on the Web Site or Third Party Sites and the User is solely responsible for any and all of its User Content. The Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and we assume no responsibility for any User Content. Your interaction with other Web Site or Third Party Site users are solely between you and such user. The Company is under no obligation to become involved with any dispute that may result from any such interaction.

 


WEB SITE USE POLICY

 

You agree not to use this Web Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

In addition, you agree not to use this Web Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web Site, other computer systems or networks connected to or used together with the Web Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Web Site.

 

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Web Site Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your account with the Company, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your account with the Company’s username and password, IP address and traffic information, usage history, and your User Content.

 


PRIVACY POLICY / DATA PROTECTION

 

Please refer to our Privacy Policy HERE for details on our Privacy Policy and Data Protection with respect to the information collected by the Company.

 

Additionally, any ideas or suggestions received from you about how to improve the Web Site or the products or services of the Company or any affiliates of the Company shall be deemed a grant of permission by you for the Company to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to the Company by e-mail or otherwise shall be deemed to have been provided by you and received by the Company on a non-confidential basis. By communicating with the Company, you automatically grant the Company a royalty-free, fully paid up, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether no known or hereafter developed, and to sublicense such rights to third parties. Thus, the Company shall be free to use such communication or information on an unrestricted basis and may use the information it obtains through this Web Site relating to you, including, without limitation, your IP address, name, mailing address, e-mail address and use of the Web Site.

 


INTELLECTUAL PROPERTY RIGHTS

Any and all Content and any reproductions thereof (collectively, "Works") are the copyrighted works of the Company or its licensors, unless otherwise indicated. All rights reserved. Any use of any Works, including reproduction, modification, distribution, or republication, without the prior written permission of the Company is strictly prohibited. Removing or changing any copyright notice on any Works, or any other proprietary notice on any Content, Products or Services, is prohibited.

 

Any trademarks, service marks, logos, trade names, Company names and trade dress, whether registered or unregistered (collectively, the "Marks") that appear on this Web Site are proprietary to the Company or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of Company and in compliance with any applicable trademark guidelines, and you may not remove or otherwise modify any trademark notices from any Content received through the Web Site. Without limiting the foregoing, unless otherwise expressly agreed in writing by the Company and/or the Marks' owner, you may not: (a) use the Marks or any similar marks or logos at any time to mislead consumers as to any Company or other sponsorship, affiliation or endorsement of your Company, your products or your services, (b) modify or alter the Marks, (c) use the Marks in combination with any another trademarks, service marks, logos, or trade names or (d) use the Marks or any confusingly similar marks in your product, service, domain name or Company name.

 


WARRANTY DISCLAIMER

 

THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF, OR THE CONTENT AT, THIS WEB SITE, THE CONTENT, THE PRODUCTS OR THE SERVICES AND RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE, THE CONTENT, THE PRODUCTS AND THE SERVICES AT ANY TIME WITHOUT NOTICE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT YOUR USSE OF THIS WEB SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. MOREOVER, THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY CONTENT, LINKS, OR OTHER ITEMS CONTAINED AT THIS WEB SITE. ACCORDINGLY, THIS WEBSITE, THE CONTENT, THE PRODUCTS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED. AS A CONDITION OF YOUR USE OF THIS WEB SITE, YOU WARRANT TO THE COMPANY THAT YOU WILL NOT USE THIS WEB SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS.

 

THE COMPANY DOES NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OF ANY PARTICULAR MANUFACTURER, DEALER, PARTNER, OR SERVICE PROVIDER. THE COMPANY IS NOT AN AGENT OF YOU OR ANY MANUFACTURER, DEALER, PARTNER, OR SERVICE PROVIDER, AND DOES NOT GUARANTEE THAT THE SERVICES OR PRODUCTS PROVIDED TO YOU THROUGH THIS WEB SITE ARE THE BEST PRODUCTS, SERVICES, TERMS OR LOWEST RATES AVAILABLE. YOU SHOULD RELY ON YOUR OWN JUDGMENT IN DECIDING WHICH AVAILABLE PRODUCTS AND SERVICES BEST SUIT YOUR NEEDS AND FINANCIAL MEANS. UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY THE COMPANY, NOTHING CONTAINED ON THIS WEB SITE SHALL CONSTITUTE AN OFFER OR PROMISE OF A SPECIFIC PRODUCT, SERVICE, SAVINGS OR PRICE. THE COMPANY DOES NOT GUARANTEE ANY PRODUCT PRICES OR AVAILABILITY. You expressly agree that your use of this Web Site and any information contained therein is at your sole risk.

 


LIMITATION OF LIABILITY

 

IN NO EVENT SHALL THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCESSORS AND OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH THE COMPANY OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THIS WEB SITE, THE PRODUCTS, THE SERVICES, THE CONTENT, THE MARKS OR ANY THIRD PARTY SITES, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, MULTIPLIED, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR ANY OTHER WEB SITE OF THE COMPANY OR THE CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. ACCESS TO, AND USE OF, THIS WEB SITE, PRODUCTS AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 


INDEMNIFICATION

 

You agree to indemnify, defend and hold the Company and its employees, officers, directors, affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to a violation by you of these Terms and Conditions, your access and use of the Web Site or Products, or your User Content.

 


GENERAL

 

If any provision of these Terms and Conditions or any Additional Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms and Conditions or the applicable Additional Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Our failure to exercise or enforce any right or provision in these Terms and Conditions, Additional Terms and/or Policies shall not operate as a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms and Conditions, any Additional Terms or use of this Web Site, the Products and/or the Services. The Company's performance of these Terms and Conditions and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms and Conditions or any Additional Terms is in derogation of the Company's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by the Company with respect to such use. The Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The Company may provide notice to you hereunder by posting announcements to this Web Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

BY ORDERING FROM THE COMPANY OVER THE PHONE, E-MAIL, STANDARD MAIL, FAX, MESSENGER, TEXT, OR BY OUR ONLINE CATALOG / WEB SITE, YOU ARE AGREEING TO AND ACCEPTING ALL OF THE TERMS AND CONDITIONS STATED ABOVE