Last Modified: September 18, 2019
INTRODUCTION & ACCEPTANCE OF TERMS
To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and/or sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Website or a notification is sent, unless otherwise stated. Your continued use of the Website or Product after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. Any future release, update or other addition to any of functionalities of the Product shall be subject to the terms and conditions of these Terms. In the case of any violation of these Terms, the Company reserves the right to seek all remedies available in law and equity for such violations.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in
the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
OWNERSHIP OF INTELLECTUAL PROPERTY
We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website and Products. Our name, logo, trademark and other names associated with the Website and Products belong to us (or our licensors, if any and where applicable) and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
PERMITTED AND PROHIBITED USES OF WEBSITE
Permitted Use. The Company authorizes you to view and download the materials available on the Website only for your personal, non-commercial use. You acknowledge and agree that all materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws.
Prohibited Use. The right granted to you in the present Terms is subject to the certain restrictions. You agree not to use the Website to: (a) distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); (e) interfere with another user’s use and enjoyment of the Website, or (f) access the Website for the purpose of building a similar or competitive service.
PROHIBITED USES OF PRODUCT
As a customer, you may physically transfer the Product from one location to another provided that the design of the Product is not copied. Moreover, you shall not (a) resell the Product or any part thereof, (b) use the Product in order to build a similar or competitive product, and (c) remove or destroy any proprietary markings found on the Products.
YOUR ACCOUNT AND IDENTITY
Your Account. You have an option of registering for an account on the Website (“Account”) in order to quickly process your orders. If you decide to register for an Account, you will be asked to provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Website or Product does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may close your Account at any time, for any reason, by contacting the Company. The Company may suspend or terminate your Account if you violate any provision of the Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Website. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, suspected unauthorized use, of your Account or any other breach of security.
ORDER PROCESSING & SHIPPING
Once we receive your order from a client, we will process it within 1-3 days. We offer free standard delivery, which takes 3-5 business days, and expedited shipping (at an additional cost), which takes 1-2 business days.
REFUND & EXCHANGE POLICY
We value our customers and their satisfaction with our Products. We offer 90-day money back guarantee on eligible Products. While we hope you are satisfied with your purchase we do allow returns and exchanges under certain conditions. We will provide a full refund or make an exchange provided that the returned Product is undamaged and unaltered. You may request a refund or exchange a Product regardless of the reasons you may have (if the Product does not fit your appliance, does not fix a problem, or if you bought it by mistake). Our refund and exchange policy applies only to purchases made directly from us (reselling our Products without authorization is strictly prohibited). Any refund or exchange requests must be made within 90 days of purchase.
How to return or exchange Products: Contact us and request an exchange or refund. Once we receive a Product from you, we will review it and verify that no damage or alterations were made. We will then issue a refund via your method of payment or replace the Product (as per your request). Any refund or exchange request will be processed within 2 days of the receipt of the returned Product. Please keep in mind that shipping costs are non-refundable. However, should we replace your Product, we will ship it to you at our own expense.
We also offer a lifetime warranty on any Product that has defects or other workmanship issues under normal use of Product.
Simply contact us and tell us what the issue is. If you request the replacement via our Website, our system will automatically generate a shipping label, which you can use to ship your Product to us. Once we receive your Product, your new replacement part will be sent to you. The Company does not offer refunds under warranty, only a replacement.
Our warranty excludes all of the following:
● damages to a Product resulting from customer’s negligence
● damage to a Product resulting from unauthorized modification of the Product
● damage caused by a natural disaster
● theft or loss of a Product
● cosmetic damages, scratches, dents, or chips
THE WEBSITE (INCLUDING ALL ITS CONTENT, MARKETING OFFERS, AND SERVICES AVAILABLE THROUGH IT) IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PRODUCT, OR THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Website or (c) by you via submission to such email addresses as the Company may specify on the Website. The date of receipt will be deemed the date on which such notice is transmitted.
Indemnification. You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, contractors, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of Product, or (ii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law. These Terms shall be governed by the laws of the State of California, USA and you agree that the courts located in Orange County, CA, USA shall have exclusive jurisdiction in any dispute. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
Official Parts Wholesale, LLC PartsBroz
11054 Ventura Blvd # 223
Studio City, CA 91604
Contact Us form: Contact us