Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. When ordering from Phastek Performance, you are agreeing to all stated terms and conditions
- A. All products sold by Phastek Performance carry the original manufacturer's warranty; these warranties vary on a per-product basis. Please be sure to ask one of our sales representatives if you have any questions about a specific manufacturers warranty before you make a purchase.
- B. Phastek Performance makes no claim of accountability after a product has been received by the ordering party. The customer assumes all costs associated with the warranty of a given product including any applicable labor for removal and/or replacement of that item(s), diagnosis of a problem that may be related to that item(s) and all shipping costs.
- C. Phastek Performance, at its sole discretion, may choose to either repair or replace any product returned within the warranty. If neither repair nor replacement is possible, Phastek Performance will, at its sole discretion, provide a refund, company credit, or replace the item with an item of equal or greater present market value.
Damaged and/or Missing Parts Policy
- A. Any shipment shipped via UPS, Fedex, DHL, U.S. Postal Service, or other Courier that is damaged while in transit, must be reported back to Phastek Performance LLC within 7 days after delivery date. Failure to do so will result in your claim being denied and no monies nor replacement product(s) being provided. NO EXCEPTIONS!
We will assist you in every way possible with this claim, but will not be responsible for the outcome of said claim. Upon us being paid by the Courier, we will replace or repair any damaged part(s) you have identified. If the Courier denies paying us, Phastek Performance LLC., is under no obligation to give or repair or replace any part(s) you deemed damaged, as the Courier is the company responsible for your damaged part(s), not Phastek Performance LLC. Keep all boxes, packing material, shipping labels, etc., until your claim with the Courier is resolved.
- B. Any shipment shipped via, Overnite Freight, Yellow Freight, or any other freight service must be inspected BEFORE signing for shipment. If shipment is signed for before inspecting the shipment and shipment is damaged, this will result in your claim being denied and no monies nor replacement product(s) being provided. NO EXCEPTIONS!
We will use Freight services to deliver items such as body parts, transmissions, and engines. We will assist you in every way possible with this claim, but will not be responsible for the outcome of said claim. Upon us being paid by the Courier, we will replace or repair any damaged part(s) you have identified. If the Courier denies paying us, Phastek Performance LLC.is under no obligation to give or repair or replace any part(s) you deemed damaged, as the Courier is the company responsible for your damaged part(s), not Phastek Performance LLC. Keep all boxes, packing material, shipping labels, etc., until your claim with the Courier is resolved.
- C. Any shipment missing a part(s) must be reported to us in writing (e-mail or fax) within 48 hours of receiving shipment. Failure to report any missing parts in writing within 48 hours voids any possibility of us sending you any additional parts we allegedly owe you. Phastek Performance LLC. require pictures of all the parts you did receive emailed to us within 48 hours of you notifying us of any alleged missing parts. Keep all boxes, packing material, shipping labels, etc., until your claim with the Courier is resolved.
- D. Courier companies can damage a box and it will open, scattering contents while in transit to the customer. In a case like this Phastek Performance will assist you in filing a claim with the Courier for them to pay us to replace your missing part(s). Note, your claim in this case is with the Courier, not with Phastek Performance LLC. We will assist you in every way possible with this claim, but will not be responsible for the outcome of said claim. Upon us being paid by the Courier, we will replace any missing part(s) you have identified. If the Courier denies paying us, Phastek Performance LLC., is under no obligation to give you any part(s) you allege missing, as the Courier is the company responsible for your missing part(s), not Phastek Performance LLC. Keep all boxes, packing material, shipping labels, etc., until your claim with the Courier is resolved.
State Sales Tax Notification
- A. To our customers with purchases shipped to Rhode Island, South Dakota, Tennessee, and Vermont:
Phastek Performance, LLC is not required to, and does not, collect sales or use tax in these states. Under these states' laws, purchases are not tax-exempt merely because they were made over the internet or because a seller is not required to collect sales/use tax in these states. These states' laws require resident purchasers to review untaxed purchases and, if any tax is owed, file a use tax return and pay any tax due. Please visit your state's Department of Revenue website for more information.
- A. Any item that is special order may require a deposit or full payment in advance at the time the order is placed. The deposit or full payment is non refundable under any condition or circumstance.
- B. Special orders usually take weeks or months to arrive. We generally quote an estimated amount of time. However, due to the nature of this business, some orders take longer than we may expect. Phastek Performance LLC. will not be held responsible for delays from manufacturers, transportation , shipping companies, or product being held at Customs.
5. Credit Policies
- A. Credit will be issued within one week (5 business days) of receiving a returned part back at Phastek Performance LLC. As different credit card companies require varying amounts of time to apply said credit, Phastek Performance LLC. cannot estimate any additional time required for that credit to appear on any individuals credit card.
- B. There are no returns or credits on items used or installed by the customer or items that are physically damaged. If you receive an item that is physically damaged when you receive it then you must contact us within 48 hours of receipt. Do not send a physically damaged item back to Phastek Performance LLC. unless we instruct you to do so! Please contact us so that we may assist you in handling a damage claim with the carrier (UPS, FedEx, etc.).
- A. Credit Card: We currently accept Visa, MasterCard, Discover, and American Express. There is NO surcharge unless you won an item of ours through an auction such as Ebay. We accept only Credit Cards with billing addresses in the U.S.A. and Canada. We may accept Credit Cards from outside the U.S.A. and Canada from repeat customers, but this is at our sole discretion. Please note that the financial institutions charge us an extra 2% to accept Credit Cards from outside the U.S.A. and Canada. We require you to pay the extra 2% fee. We still cover the normal fee that financial institutions charge us to accept anyones credit card. We ask you only to cover this additional fee if your credit card is billed outside the U.S.A. and Canada. We charge Credit Cards only in U.S. Dollars. Your Credit Card institution will convert it to your country's money when sending you your statement or bill.
- B. Prepay: Pay only cost of products plus shipping and insurance. Please allow up to 10 business days for personal checks to clear after we receive it here. If you want to avoid waiting, please send a verifiable Bank Cashier's Check or U.S. Postal Service money order.
- C. COD (Collect On Delivery): Sorry, no COD unless you prepay the shipping costs or are a previous customer. To pay for a COD you must have a cashiers check or money order ready when your package arrives, made payable to Phastek Performance LLC.. Sorry but no personal checks, company checks, or cash is accepted. COD costs are $10.00 for a UPS COD Tag per box or $10.00 for a FedEx COD Tag per box. No COD on Special Orders unless specific arrangements have been made with Phastek Performance LLC. before we finalized your order.
- D. Bank Wire Transfer: We will add $20 to your total to cover the associated costs of Phastek Performance LLC. receiving a wire transfer. We will send you all of our banking details so that you may make the transfer from your bank to our bank. If you need specific details on how to make a wire transfer we will be happy to provide them. You must have your bank pay us in U.S. Dollars, no exceptions! Your bank will convert your country's money to U.S. Dollars for you at the time of payment.
- E. Paypal: At our sole discretion, we may accept a Paypal payment from you. If you pay with Paypal, there will be an additional 3% fee if you are paying from within the U.S.A. If you are paying from outside the U.S.A., there will be an additional 4% fee added to your total you are required to pay. You must pay us in U.S. Dollars through Paypal, no exceptions! Paypal will convert your country's money to U.S. Dollars for you at the time of payment.
The only authorized e-mail address to send Paypal payments to is email@example.com Do not send Paypal payments to ANY e-mail address other than this!
- F. Western Union: There are Western Union payment stations all over the world. No extra fee is due to Phastek Performance, LLC. should you choose to pay with Western Union. However, Western Union will charge you fees to send us money. After you send the Western Union payment, contact us with the Control Number and the name, address, and phone number you used when paying. You must pay us in U.S. Dollars through Western Union, no exceptions! Western Union will convert your country's money to U.S. Dollars for you at the time of payment.
- A. Cancellations within 1 week of purchase are subject to a 5% cancellation fee. 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 policies will apply if you return the part(s) or refuse the shipment(s). You also cannot cancel an order that is noted as a "Special Order".
- B. Supercharger or Turbo kit orders, you must send an email to our support department at firstname.lastname@example.org with your order number. Any supercharger or turbo kit order that must be canceled will have a 48 business hour window to cancel the order, there will be a cancellation fee of 5% on all canceled supercharger orders. Any cancellation request after the 48 business hour window will be denied.
- C. The following exceptions apply. If you meet one or more of the following exceptions we will not charge you a cancellation fee:
- D. International Orders: Any customer located outside the USA (defined as the 50 states) may not cancel their order after we have received payment, partial or full. If you do cancel you will receive no refund. International orders require us to order all your parts in specifically for you. We then collect all your parts here until your entire order is ready for shipment. Because of the extra time and effort required to fill an international order we do not allow any refunds. However, if you want to change one item for a different item, that is allowed if the original item is not a special order, wheels, or a body part. Please note that if we paid to ship the original item to Phastek Performance that you will be responsible for the shipping cost of that item to Phastek Performance. You will also be responsible for the shipping cost of the new item you want to order to get the item from the manufacturer to Phastek Performance.
- E. Wholesale / Dealers: Any order your company cancels will be credited to your account as company credit. We do not offer credit to your credit card or a check refund.
- A. Should there be a pricing mistake on your invoice, you have 30 days from the original date of the invoice to have it corrected. You will receive a copy of your invoice in your e-mail within 24 hours of placing your order. If you do not, please contact us. It is your responsibility to review it promptly and make certain you agree with all information on it. After 30 days of the invoice being generated, Phastek Performance will not be responsible for any errors, including pricing errors. If you believe you have been overcharged, you must contact us within the first 30 days and we will correct it quickly and credit you accordingly if you have indeed been overcharged. This same policy applies to Credits. If you have been incorrectly credited, you have 30 days to contact us. After that time, no review will be given to your Credit and no adjustment will be due you.
Shipping to Canada and Mexico
- A. When we ship to you in Canada or Mexico, you will incur fees (Brokerage, Customs, Taxes, etc.) that will be charged to you by the shipping company (FedEx, UPS, Postal Service, etc.). Sometimes these fees will be charged to you at the time you receive the parts. Sometimes these fees will be charged to you at a later time and mailed to you from the shipping company for payment. You are 100% responsible for these fees at the time you are billed. However, if you do not pay them, the shipping company will bill us for your fees. At the time we receive a bill from them we will pay the bill for you plus a 25% service charge and then charge your credit card immediately for the entire amount. We will provide paperwork, upon your request, showing you the bill we received on your behalf from the shipping company. We will e-mail you a copy of the invoice when we charge you, assuming you have provided us your e-mail address. Remember, we charge a 25% service charge for paying your bill for you, so it is in your best interest to pay the shipping company what you owe them when you receive the bill.
Shipping outside North America
- A. Phastek Performance does allow international orders. Please e-mail email@example.com with your potential order, your complete address, and any questions you have. Phastek Performance is always happy to assist you in getting parts you need. We ship all parts on our website anywhere in the world!
- B. Phastek Performance is not responsible for any damage any product we sell may cause you, your vehicle or other vehicles or persons.
- C. You the customer are responsible for ALL import taxes, brokerage fees, VAT (where applicable), Customs fees, storage fees (if you delay paying), delivery fees to your door (if you choose Airport delivery from MVP), airport handling fees, paperwork fees, and any and all other charges and fees in regards to clearing your parts through Customs of your country and paying your countrys related taxes.
Use of products we sell
- A. Most of the items sold through Phastek Performance 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.
- B. Phastek Performance is not responsible for any damage any product we sell may cause you, your vehicle or other vehicles or persons.
- C. All products sold by Phastek Performance are intended solely for use on USA-specification vehicles, unless specifically noted on a particular product. We make no guarantee that any parts we sell will fit or work on a non-USA specification vehicle.
- D. Phastek Performance makes no guarantee a part we sell will fit with any other aftermarket parts you have obtained from us or any other source. Modifying your vehicle sometimes requires unforeseen work that will cost you extra time and money, as well as inconvenience you. If you are not prepared for this please do not modify your vehicle.
- A. There will be a $25.00 fee on all returned checks, per incident. All lawsuit expenses towards collecting bad debts are the buyer's responsibility.
- B. There is an additional $25.00 fee that our bank imposes on us for every returned check, so each returned check to Phastek Performance will cost you $50.00 extra.
- C. We will absolutely pursue all collections to the fullest extent of the law!
Shipping of your order
- A. Any order placed before 12:00P.M. Central Standard Time (CST) will be shipped the same business day, if we have the part(s) in stock and if your method of payment clears through our accounting process (i.e. credit card does not decline, your billing and shipping addresses verify, etc.)
- B. Any order placed after 12:00 P.M. Central Standard Time (CST) will not be shipped until the following business day. Saturday, Sunday, and all U.S. Legal Holidays are not considered a business day.
- C. If you are using your credit card, please note that Phastek Performance can ship only to an address we can verify with your credit card company. If you wish to ship to an address other than your billing address, you must add your shipping address onto your credit card account before we can process your order. To speed up the address verification process we encourage you to add your shipping address to your credit card account before you place your order with us. Failing to do so will result in our inability to verify who you are and your order will be delayed. To add your shipping address please call the customer service number (usually located on the back of your credit card) and speak with a customer service representative. Ask him / her to add an alternate shipping address to the notes section of your account. We have found most credit card companies are familiar with this process and can have your shipping address added easily and immediately. Please note that we have found many debit card banks refuse to assist you, their customer. They refuse to add an alternate shipping address to your account, and because of this you will be unable to ship to an address other than your billing address. However, some debit card banks are customer service oriented, so we encourage you to give them a call and ask. Remember, we will not ship your order to an address we can not verify. This is for your protection as a credit card holder!
Shipping of body kits, international shipments, and anything shipped with an LTL courier
- A. If you order large products (body pieces such as bumpers, hoods, doors, trunks, etc.), motors, shortblocks, longblocks, etc. that are shipped with an LTL (Lighter Than Load) courier it is very important you read and understand these terms. If you are an international customer and you will be making a purchase from us, it is very important you read these terms.
- B. LTL and International couriers are not like UPS and FedEx. When you give your signature on an LTL or International waybill or other form or paper, you are signing a legal contract. This contract says that the products have arrived undamaged and that you nor the shipper will make any claim for damage at a later time. It is very important that you inspect every package and every part fully before signing this paper. After you sign, we will not be able to get any money or replacement for any damage caused by the shipping company. Phastek Performance LLC. will not be held responsible (financial or otherwise) if you sign for a package or packages and later discover it was damaged in transit. You will receive no refund, no partial refund, and no replacement of product(s). This is also true should you have someone else sign for you in your absence such as (but not limited to) your spouse, friend, family member, co-worker, or an agent acting on your behalf (body shop, mechanic, tuning shop, etc.). Both the person and ultimately you are responsible for inspection before signing. There are no exceptions to this. If there is something damaged, contact us immediately before signing anything. Phastek Performance will not be liable for your failure to contact us.
- A. 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. Phastek Performance reserves the right to refuse or cancel any order placed for product listed at the incorrect price. Phastek Performance reserves the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Phastek Performance shall immediately issue a credit to your credit card account in the amount of the charge and you will be given the option to purchase the item at the correct price or cancel it.
Labor Fees Incurred
- A. You agree to hold Phastek Performance harmless for any and all labor incurred involving the installation, repair or maintenance of any item purchased from Phastek Performance. Phastek Performance is not responsible for any damaged parts or additional labor necessary to repair a vehicle resulting from items purchased from Phastek Performance
Other Legal Policies
- A. We reserve the right to notify you of other stipulations at a later time. Other conditions may apply as necessary.
- Phastek Performance will not be held responsible for pricing errors, typographical, or other errors related to product pricing, shipping pricing, or other fees/pricing errors. We will contact the customers in regard to any errors and give them the option of canceling or confirming their order(s). Although an order has been placed, no contract has yet been made with the customer.
By ordering from Phastek Performance over the phone, e-mail, standard mail, fax, AOL Instant Messenger, or by our online catalog / website, you are agreeing to and accepting all of the terms and conditions stated above