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USE OF WEBSITE
You agree to use WINGSANDWHEELS.com ("WINGS & WHEELS") only for purposes that are permitted by this Policy & Agreement and any applicable law, regulation or generally accepted practices or guidelines in relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by WINGS & WHEELS, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of WINGS & WHEELS. You also specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website or any part of it, for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which WINGS & WHEELS may suffer) of any such breach.
Some items on Wings & Wheels are occasionally backordered. We do our best to display the lead time on the item page. If an order is placed for a backordered item we will email the most current estimated ship date we have and also provide updates via email as we receive them from our supplier. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we would sell to a customer. In that instance, we will credit the original method of payment for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to alert you of the situation.
LIMITATION OF LIABILITY (it's all in caps because it's really important)
IN ALL CIRCUMSTANCES WINGS & WHEELS MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. WINGS & WHEELS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. WINGS & WHEELS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT WINGS & WHEELS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Wing & Wheels is not responsible for any duties, taxes, fees, etc. charged against your shipment. Any such charges are the sole responsibility of the customer, and will be recouped by Wings & Wheels in the event a shipping carrier charges any duty, tax or broker fee to our account.
U.S. law prohibits the sale, transfer, or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is the responsibility of the Customer to be aware of these lists, which can be found at the following U.S. Government websites. By proceeding with any transaction, the Customer certifies that the Customer will not engage in any unauthorized transaction involving the export of Wings & Wheels products to any restricted parties or destinations.
By proceeding with a transaction to purchase any items from Wings & Wheels.com, the Customer certifies that it will comply with all requirements imposed by all applicable laws, regulations and administrative policies.
For further information regarding the applicable laws, regulations, and policies contact:
U.S. Department of Commerce
Bureau of Industry and Security
Tel.: (202) 482-4811
U.S. Department of State
Bureau of Political-Military Affairs
Directorate of Defense Trade Control
Tel.: (202) 663-1282
U.S. Department of the Treasury
Office of Foreign Assets Controls
Tel.: (202) 622-2480
[PLEASE NOTE: Export control laws and regulations are complex. Any summaries of such laws and regulations provided by Wings & Wheels herein are not comprehensive and are not to be taken as legal advice or counseling.]
Wings & Wheels works overtime to ensure the accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained or referenced on our website. We are real, live humans and sometimes subject to error, so as hard as we try, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Website is labeled with an incorrect price due to some typographical, informational, technical or other error, Wings & Wheels shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Wings & Wheels are provided as resources to customers looking for additional information and/or professional opinion. Wings & Wheels does not assume responsibility for the claims and/or representations made on these or any other websites.
Wings & Wheels is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Wings & Wheels works overtime to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Wings & Wheels relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Wings & Wheels cannot be held responsible for product revision changes.
Wings & Wheels reads all reviews before posting them and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied:
• Offensive or abusive language
• Prices and availability can change very quickly on the Wings & Wheels website, so please leave such information out of your review
• References to other stores/resellers
• Comments on products that were either physically damaged or misused
• Replies to existing customer reviews; please do not attempt to initiate discussions here
• Comparisons to competing brands/products of competing brands
• Criticism of Wings & Wheels's service or the service of our operations partners (FedEx, UPS, PayPal, etc.)
• References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation
• Illegal content
• Invasions of personal privacy
• Pornography or obscenity
• Hate or incitement of violence, threats of harm or safety of a person
• Graphic violence or other acts resulting in serious injury or death
• Any violations of copyright
• Any violation of laws and/or copyrighted musical works
We may change these policies at any time without notice.
Wings & Wheels cannot offer advice on compatibility of items, make product recommendations; provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Wings & Wheels.
Calls to Wings & Wheels may be monitored or recorded for quality assurance. However, Wings & Wheels does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Wings & Wheels unless Customer has provided clear and conspicuous notice to Wings & Wheels and has received prior written consent from Wings & Wheels.
GOVERNING LAW AND JURISDICTION
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Wings & Wheels and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Wings & Wheels and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Bernardino County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Wings & Wheels that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Wings & Wheels's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Wings & Wheels and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Wings & Wheels and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.