OVERVIEW
Welcome to Parts World USA! The terms “we”, “us” and “our” refer to Parts World USA.
Parts World USA operates this store and website, including all related information, content, features, tools, products
and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Parts World
USA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions,
together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and
responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include
important information about your legal rights and cover areas such as warranty disclaimers and limitations of
liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service
and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or
access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state or province of residence, and you have
given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or
manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products
or services we offer, you may be asked to provide certain information, such as your email address, billing, payment,
and shipping information. You represent and warrant that all the information you provide in our stores is correct,
current and complete and that you have all rights necessary to provide this information.
You are solely
responsible for maintaining the security of your account credentials and for all of your account activity. You may not
transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores.
However, please note that colors or product appearance may differ from how they may appear on your screen due to the
type of device you use to access the store and your device settings and configuration.
We do not warrant that the
appearance or quality of any products or services purchased by you will meet your expectations or be the same as
depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without
notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the
quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Parts
World USA reserves the right to accept or decline your order for any reason at its discretion. Your order is not
accepted until Parts World USA confirms acceptance. We must receive and process your payment before your order is
accepted. Please review your order carefully before submitting, as Parts World USA may be unable to accommodate
cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the
time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund
Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not
for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and
promotions are subject to change without notice. The price charged for a product or service will be the price in
effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted
in our online stores may be different from prices offered in physical stores or in online or other stores operated by
third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are
governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion
and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase,
payment and account information for all purchases made at our stores. You agree to promptly update your account and
other information, including your email address, credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you
provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii)
charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at
the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5
- SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are
estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs
processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to
you. Please see our Shipping Policy here [LINK] for more information.
SECTION 6 - INTELLECTUAL
PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Parts
World USA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual
property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided
herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any
patent, trademark, copyright, or other intellectual property of Parts World USA, Shopify or any third party.
Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not
expressly granted herein are reserved by Parts World USA.
Parts World USA’s names, logos, product and service
names, designs, and slogans are trademarks of Parts World USA or its affiliates or licensors. You must not use such
trademarks without the prior written permission of Parts World USA. Shopify’s name, logo, product and service names,
designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans
on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as
is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use
by you of the optional tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new features through the Services (including the release of new
tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks
to websites provided or operated by third parties (including any embedded third party functionality). We are not
responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to
access. If you decide to leave the Services to access these materials or third party sites, you do so at your own
risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your
purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully
the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the
third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Parts World USA is powered by Shopify,
which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made
directly with Parts World USA. By using the Services, you acknowledge and agree that Shopify is not responsible for
any aspect of any sales between you and Parts World USA, including any injury, damage, or loss resulting from
purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and
liabilities arising from or related to your purchases and transactions with Parts World USA.
SECTION
10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy
Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy,
which can be viewed
here. By using the Services, you
acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify
collects and processes personal information about your access to and use of the Services in order to provide and
improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as
well as third parties that may be located in other countries than where you reside, in order to provide services to
you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal
information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise
transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you
grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute
and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our
rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our
obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own
or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be
under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to
respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in
our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your
Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful,
abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation
of the Services or any related website. You may not use a false email address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for
any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by
you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel
orders if any information is inaccurate at any time without prior notice (including after you have submitted your
order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful
purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious
purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any
material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to
impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts
or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Parts World USA,
Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or
transmit viruses or any other type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the
Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or
scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other
websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without
notice, if we determine that you have violated any part of these Terms.
SECTION 14 -
TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our
sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the
date of termination.
The following sections will continue to apply following any termination: Intellectual
Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability,
Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature
should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information
presented on or through the Services is made available solely for general information purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at
your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you
or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY
STATED BY Parts World USA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS
AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION
OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Parts World USA, OUR PARTNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY
AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF
DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR
FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES
OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF
THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Parts World USA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors,
licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’
fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents
they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and
use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify
will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and
settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring
non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including by providing relevant documents.
SECTION 18 -
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER;
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to,
any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not
delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior
written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our
rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the federal and state or territorial courts in the jurisdiction where Parts World USA is
headquartered. You and Parts World USA consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be
effective on the date specified in the notice. Your continued use of or access to the Services following the posting
of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at
support@partsworldusa.com.
Our contact information is posted below:
Parts World USA LLC
Ste 401, Continental Dr 200
Newark,
Delaware 19713