Terms of Service
Effective Date: January 1st, 2023
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
By viewing and using the Eucadian Performance, LLC website you agree to the following:
OVERVIEW
This website is operated by Eucadian Performance, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Eucadian Performance, LLC. Eucadian Performance, LLC offers the website www.eucadianperformance.com (the “Website”), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing from us, you engage in our “Service” and agree to be bound contractually by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Parties.
The parties to these Terms are you, and the owner and operator of this Website: Eucadian Performance, LLC and/or its affiliates (the “Company”). All references to “we”, “us”, or “this website” shall be construed to mean the Company.
Modification of Terms.
We reserve the right to modify these Terms at any time, and without prior notice. Any new features or tools which are added to the store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
License.
Company grants you a limited non-exclusive, non-transferable, and revocable license to access and use the Website, only for your personal use and not for purposes of resale. This license terminates automatically if you breach these Terms. You do not have the right to modify this Website, its content, or any copyright or other proprietary notices. Unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Ownership.
The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this Website is owned by Company or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners. You may not remove or attempt to remove any copyright, trademark or other proprietary rights notices contained on this Website or on any other content associated with the services we provide.
Restrictions.
You may not modify, copy, distribute, download, display, transfer, post, or transmit this Website or its content in any form without Eucadian Performance, LLC prior written permission.
Use of Products.
Products are any article, item, service, or part purchased from the Company, whether or not through the use of this Website. Products are intended solely and exclusively for off-road and/or race track use. Products should NEVER be used on, and vehicles equipped with the products should NOT be operated on: public highways, public roadways, public streets, or other public property. You assume sole responsibility for violations of local, state, and/or federal laws and regulations that may result from the unauthorized/unlawful use or misuse of the products. You here release, indemnify and hold the company and its representatives, directors, owners, employees, agents, and successors (collectively, the “Indemnified Parties”) harmless from and shall in no event be liable for: any claims, losses, damages, or liabilities relating to or arising from your use or misuse of the products. We are not responsible for any legal issues arising from or related to the unauthorized/unlawful use or misuse of the products.
Purchases.
Valid payment and billing information must be provided in order to purchase through the Website. Your information will be collected and used per our Privacy Policy, the privacy policy of Shopify, and these terms. Prices purchased through the Website will be made clear during the order process. You agree to pay the price stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed during checkout. Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. We may require additional verifications or information before accepting any order. International orders may be subject to tariffs, taxes, and regulations. We are not responsible for shipping delays or any additional fees for domestic or international orders.
Cancellations.
All cancellations are subject to a $15 restocking fee. If you place an order and at some point before it ships you decide that you do not want the entire order or an item on the order you will be charged $15 of the amount you would be refunded. Orders cannot be canceled after it ships. If you refuse any package from us or are not available to receive a package within specified delivery attempts then you are responsible for shipping charges for the package coming back to us.
Return Policy.
ALL SALES ARE FINAL! Returns or exchanges are not accepted unless the product(s) you purchased is/are defective, as determined in our sole and absolute discretion. Any return or exchanged product accepted by us must be within ten (10) days of the date of delivery. All returns are subject to inspection. Any product, in our sole and absolute discretion, which shows evidence of use, installation, or improper handling will not be considered for exchange or refund and may void its warranty.
Inventory.
The Website currently does not support live inventory tracking; therefore, if you need specific products for definitive dates, please contact us to verify the availability of the products you wish to purchase. All rushed or urgent orders should be completed directly with our sales team via instant messaging or email to ensure no delays in processing and shipping your order. We will not cover the cost of express or expedited shipping to meet your deadlines, all costs associated with express or expedited shipping is borne by you.
Risk of Loss.
All items purchased are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. We ship all items WITH shipping insurance and are not responsible for damages caused during shipping. DO NOT file a claim with the shipping company if your item was damaged during transit. Please contact us WITHIN 48 HOURS so we can begin the compensation process through the shipping company. You may be asked to send pictures of the parts or packaging for claim purposes. PLEASE INSPECT YOUR ITEM(S) BEFORE SIGNING FOR IT, BECAUSE IF YOU DO NOT AND LATER DISCOVER THAT THE ITEM(S) IS/ARE DAMAGED, YOUR CLAIM WILL BE DENIED! It is acceptable as a customer to request that the shipper wait while you inspect the products before signing. ALWAYS inspect ANY package you get before the shipper leaves. Any damage not reported within 48 hours cannot be disputed and we will not be able to issue a return label.
Force Majeure.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Limitation of Liability.
Under no circumstances will Company or its affiliates have any liability concerning any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. Your access and use this Website at your own risk. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the website and/or the products. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. In those jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the extent permitted by law. Further, to the maximum extent permitted at law, our aggregate liability for damages to you for any cause whatsoever and regardless of the form of action (including, but not limited to, contract, tort, fraud, negligence, products liability, and strict liability), shall be limited to the amount of all payments received by us from you prior to the date of the claim.
Jurisdiction.
You agree that any legal action brought against us shall be governed by the laws of the state of South Carolina without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use, or orders made from use, shall be held in a federal or state court located in the State of South Carolina.
Intended for use only in the United States.
This Website is controlled and operated from its offices within the United States. We do not represent that this Website is appropriate or available for use elsewhere; access to this Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your initiative and at your own risk.
Links to this Website.
We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray us, products or services in a false, misleading, derogatory, or offensive manner. You may not use the Company logo, trademark, Company’s name or trademarks, or other proprietary graphics in the link without the prior written permission of the Company.
Links to Third-Party Websites.
We do not review or control third party websites that link to or from this Website. We are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of such third party sites is on your initiative and at your own risk and may be subject to their terms and conditions.
Authority, Eligibility.
In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using this Website. If you are a parent or guardian of a minor child, you may use this Website in compliance with these Terms and the Privacy Policy on their behalf, and any reference to “you” or “your” in these Terms shall refer to such minor child. Membership on this Website is null and void if prohibited by applicable law. By using the Website, you represent and warrant to us that you are at least 18 years of age, that you have the proper right, authority and capacity to enter into these Terms on your behalf or behalf of another person, and that you will abide by the terms and conditions contained in these Terms.