Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS OF USE APPLY TO THE SALE OF GOODS ("PARTS", "PRODUCTS", "ACCESSORIES", OR "MERCHANDISE") BY PARTSTORE.COM (A SERVICE OF PARTSEARCH TECHNOLOGIES, INC. ("PARTSEARCH", "PARTSTORE.COM ", "THE COMPANY", "SITE", "WE", "OUR", OR "US") TO CUSTOMERS ("CUSTOMERS", "YOU", "YOUR", AND "YOURS") THROUGH OUR INTERNET SITE AT PARTSTORE.COM . THESE TERMS AND CONDITIONS MAY NOT APPLY TO PURCHASES MADE BY CUSTOMERS DIRECTLY FROM THE MANUFACTURERS WE SUPPORT OR IN ANY MANNER TO OTHER FORMS OF PROCUREMENT A CUSTOMER MAY USE TO ATTAIN SIMILAR GOODS. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AS NO OTHER TERMS APPLY. BY USING OR ACCESSING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THESE TERMS.
PartStore.com grants You permission to view this Site for Your own personal use provided that You agree to and accept without modification the notices, terms, and conditions set forth in the "Terms and Conditions of Use". You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative material from, transfer information, or sell any material, information or products from this Site. As a condition of Your use of this Site, You represent and warrant to PartStore.com that You will not use this Site for any purpose that is unlawful or prohibited by these terms.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Products which is subject to additional or altered terms and conditions shall be null and void.
PRODUCTS AND ORDERS
PartStore.com continually updates and revises the products that it sells through this Site. As such, Products may be discontinued at any time and differences between what is shipped and what is described may occur on occasion.
While PartStore.com will use all reasonable efforts to fulfill any and all orders it receives, the Company cannot guarantee the availability of a particular Product displayed on the Site.
Prices displayed on the Site reflect U.S. Dollar amounts and do not include shipping, handling, or sales tax (if applicable) which will be added to the sub-total of the order. The Customer is responsible for the payment of shipping/handling charges and local/state/use taxes that may apply to an order.
While PartStore.com strives to provide an error-free Site, we cannot guarantee that all content is 100% accurate and/or complete, including price, product information, and product specifications. As such, PartStore.com reserves the right to correct price errors as they are discovered, revoke any stated offer and to otherwise correct any errors, inaccuracies, or omissions. This right extends to orders that have already been submitted by a Customer and accepted by PartStore.com.
SHIPPING AND HANDLING CHARGES
In addition to advertised shipping charges, all orders placed through our phone center may incur an additional handling fee.
The total price of any order will include applicable state sales taxes only. All other taxes which may be applicable are the sole responsibility of and shall be paid by the Customer.
CHANGES TO DELIVERY ADDRESS
Changes to delivery addresses may cause a $10.00 fee to be added to your order in the following cases: 1) You provided an inaccurate address to PartStore.com , or 2) You have the delivery forwarded to an alternate location after the order was placed.
PartStore.com incurs a return shipping fee equal to the cost of shipping the product to You when You refuse the shipment or are not available to complete the delivery. PartStore.com reserves the right to pass this fee on to You by deducting the amount from the total credit due.
RETURN AND WARRANTY POLICIES
Please refer to the PartStore.com return policy located on the Help page.
All content on this Site is the property of PartStore.com and protected by U.S. and international copyright laws. All software used on this site is the property of PartStore.com and protected by US and international copyright laws. Users of this Site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
The trademarks, service marks, and/or logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Partsearch Technologies, Inc. and the suppliers and manufacturers of the Products offered for sale on this Site. Nothing contained within this Site should be considered as granting any right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner.
LIMITATION OF LIABILITY
In no event shall PartStore.com , its officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect or other damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence or otherwise, regardless of whether or not PartStore.com has been advised of the possibility of any such damages.
GOVERNING LAW/WAIVER OF JURY TRIAL
All transactions conducted through this Site will be governed by and construed under the laws of the State of New York, without regard to any principals regarding conflicts of law.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of New York (the "AAA") and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. PartStore.com and You hereby consent to the jurisdiction and venue of the Supreme Court of the State of New York and the Federal Courts of the Southern District of New York for all purposes, including the entry of judgment on any award and further consent that any process or notice of motion or other application to either of said Courts, and any paper in connection or arbitration, may be served by certified mail, return receipt requested or by personal service or in such other manner as may be permissible under the rules of the applicable Court or Arbitration Tribunal provided a reasonable time for appearance is allowed. The AAA shall appoint a panel of three arbitrators, at least one of which shall be a member of the Bar of the State of New York and shall have no power to alter or modify any of the provisions of this Agreement or to render any award which effectuates any such alteration or modification. The decisions of the arbitrator(s) shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrator(s) may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
PartStore.com reserves the right at any time and without notice to change the terms, conditions, and notices under which this Site is offered. You hereby agree that no joint venture, partnership, employment, or agency relationship exists between You and PartStore.com as a result of this agreement or Your use of this Site.
This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and PartStore.com with respect to this Site.