Terms of Sale
EV Parts Sales Terms
Last Updated: December 1st, 2022
These Sales Terms are Additional Terms subject to EV Parts (“EV Parts”, “we”, “our”, “us”) Terms of Use, and govern any purchases initiated or made via evparts.com (“Website”). You shall be deemed to have accepted these terms by making a purchase.
Making a Purchase. To make a purchase you will need to follow the procedure set out on the Website. Purchases must be for personal use and not commercial use. By making a purchase you represent and warrant that you will be the end user of the products purchased via the Website. An “end user” (i) is the ultimate consumer of the products and who does not intend to resell the products to any third party, or (ii) purchases the products to install for an ultimate consumer and who does not intend to resell the products in an uninstalled state. You shall not sell or transfer products to any person or entity you know or have reason to know intends to resell the products.
All features, content, capabilities, and specifications of goods and services described or depicted on the Website are subject to change at any time without notice.
Product Limitations. You acknowledge that changes and improvements in the design and specifications of products may be made from time to time by the original manufacturers of the product, and EV Parts (i) may substitute such product and (ii) has no obligation to provide notice thereof to you. The supply of products hereunder shall not cause, vest or establish any right or license in purchasers under any patent or patent application, trademark, copyright or other intellectual property or trade secret now or hereafter owned or controlled by EV Parts.
Acceptance and Billing. All billing information provided must be truthful and accurate. YOU AGREE THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By making a purchase, you grant to EV Parts the right to provide such information to external parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of this agreement for which we may cancel your purchase and seek other remedies to the fullest extent permitted by applicable law. When you place an order it is an offer and we do not accept the offer until we have completed the transaction. Before accepting an order we may request additional information from you and we reserve the right to reject purchases, or to cancel them after acceptance subject to providing you a full refund for purchases. EV Parts may request a pre-authorization for some online orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your order during the checkout process, you agree to accept and pay for the order. If you make an order, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you make an order, you will do so under the supervision of a legal guardian who agrees to be bound to these Sales Terms on your behalf.
Information regarding acceptable payment methods and shipping destinations is provided during the checkout process. Your order cannot be processed without correct shipping and billing information, and we cannot make changes to your order after it is placed.
Payment Method. By making a purchase, you agree that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. We reserve the right, in our reasonable discretion, to suspend or cancel your purchase if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.
Insufficient Funds. If you have an insufficient amount of funds to complete a purchase, we may at our sole discretion, cancel the purchase.
Pricing. All prices are subject to change without notice. Such changes are applied prospectively and do not apply to your completed past purchases. Some prices may be limited time promotional discounts. Such limited time promotional discounts are described at the time of you making the purchase. Pricing errors may occur from time to time. All purchases must be accompanied by a form of payment. Applicable sales tax will be applied as appropriate.
The price charged for a product or service will be the price in effect at the time the Order is placed. Prices listed do not include taxes or charges for shipping and handling. Sales tax is charged on orders where applicable. The sales tax will be based on the state of the shipping address or the address listed through your preferred payment method. Please note that some states charge sales tax on shipping fees as well.
Promotions. We may offer promotions that include Additional Terms that may apply to your order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Sales Terms conflict, these Sales Terms govern.
Delays. EV Parts shall not be liable for loss, damages, or nonperformance resulting from force majeure, including but not limited to strikes, labor disturbances, material shortages, non-manufacturing conditions, delays or failures of carriers or communications, epidemics, fire, flood, storms, accident, riot, war and invasion, governmental requisition or priorities, acts of God, or other causes beyond EV Parts’ reasonable control. Time is not of the essence with respect to any times or dates. However, any dates for payments and product returns noted herein are of the essence.
Cancellations. To the fullest extent permitted by applicable law, we may reasonably refuse, terminate, or cancel a purchase such as for inaccuracies or errors in EV Parts-provided services or pricing information, or problems identified by our credit and fraud avoidance partners, with no further obligations to you, even after your receipt of an order confirmation. If your purchase is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. EV Parts may, at its discretion and as permitted by applicable law, either contact you for cancellation instructions or cancellation notification and receipt.
Errors. In the event of an error, whether via the Website, in a purchase confirmation, in pricing, in processing your order, or otherwise, we reserve the right to correct such error and revise your purchase accordingly. If the price of your purchase is less than the price stated to you, you will be charged the lower amount. If the price of your purchase is higher than the price stated to you, you will be contacted for your instructions before your order is accepted. If we revise the price of your purchase and you do not agree to the new price, you may seek a refund.
Refunds. Refunds will only be provided after a claim is filed with support@evparts.com within 30 business days of the date of the purchase. Except where refunds may be required under applicable laws, or as otherwise permissible by these Sales Terms, EV Parts reserves the right to issue refunds at our sole discretion. Refundable claims include, but are not limited to, double charges, errors in pricing, and accidental purchases. Refunds are subject to a 20% restocking fee and/or a 20% service charge. Before receiving your refund, the products related to each purchase must be returned in original packaging and must include a copy of the purchase receipt. Purchasers are responsible for all freight associated with returning purchases. Risk of loss or damage to products shall pass from the purchaser to EV Parts upon physical receipt by EV Parts. Unused “Kit Components”, electrical components and special order items are not eligible for return. Any and all products claimed defective must include a written explanation of how the product was stored, maintained, installed and/or operated. If we provide a refund, your payment method will be credited for returned item(s) within 30 days of our confirmation of such refund.
California Consumer Rights and Notices. Civil Code 1789.03 Disclosure. Our service is provided by EV Parts, or its parent, affiliates or subsidiaries, 7350 Young Dr, Walton Hills, OH 44146. If you have questions or concerns with a purchase, you may reach EV Parts at support@evparts.com. At your request, you may receive our legal name, complete street address from which we conduct business, and return and refund policy within 5 days after we receive your request. You may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (800) 952-5210, or the California Department of Consumer Affairs Consumer Information Division at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Indemnity. Purchaser shall defend, indemnify and hold harmless EV Parts (and EV Parts’ parent company, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders and employees, individually and collectively, “Indemnitees”) against any and all claims, demands, judgments, loss, injury, death, damage, liability, deficiency, actions, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or occurring in connection with the products purchased from EV Parts and involving purchaser’s acts, omissions, negligence, misconduct or breach of EV Parts’ terms.
Warranty and Limitation of Liability. EV Parts is primarily a distributor of products manufactured by other companies, and generally does not design, manufacturer, alter, modify, test or inspect the products hereunder. EV Parts shall endeavor to provide the full manufacturer warranty for the products available to purchaser, as applicable. All express or implied warranties are limited to those expressly provided by such original manufacturer, remanufacturer, customer, dealer, or jobber of the product supplied hereunder (“Third Party”); and EV Parts makes no warranty or other duty of its own on any product, including those warranted by the Third Party, unless it delivers to purchaser a separate written certificate specifically warranting the product. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN, EXPRESS OR IMPLIED WARRANTIES AND EV PARTS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT, EXCEPT FOR WARRANTY OF TITLE.
EV Parts and the Third Parties do not warrant or make any representations concerning products when the product is not installed and/or used in strict accordance with good installation and maintenance practices in the automotive industry. EV Parts and the Third Parties do not warrant product that has been altered; improperly installed, maintained or repaired; combined with non-EV Parts products; contaminated with oil or grease; damaged as a result of normal cosmetic or mechanical wear and tear, accident or lack of reasonable and proper protection during storage, overheating, or damaged by accident, negligence, misuse, race or off-road use or any other unauthorized use. EV Parts shall have no liability for breach of warranty claims based on allegations of defective design or negligent manufacture or testing, patent or infringement claims, liability for any special, punitive, incidental, liquidated or consequential damages, including but not limited to loss of profits, damages to other parts or equipment, cost of capital or interest, any claim for labor charges incurred in diagnosing or replacing a defective product, towing charges, telephone calls, unauthorized repairs, or injury to person or property. If EV Parts, without separate compensation therefore, furnishes purchaser with advice or other assistance concerning any product or equipment in which the product may be installed, the furnishing of such advice or assistance will not subject EV Parts to any liability whether in contract, tort (including negligence and strict liability) or otherwise.
Limited Remedies, Damages Exclusion. As permitted by applicable law, and subject to our Terms of Use, EV Parts’ total, cumulative liability arising from or in connection with your purchases will be limited to the amount you have paid EV Parts for your purchases for each purchase that caused such loss. In no event will EV Parts be liable for incidental, consequential, indirect, special or punitive damages, or lost revenue, data or profits, arising from or in connection with the purchases.
Provided that a product is deemed by EV Parts to be defective, EV Parts shall, at its sole option (i) replace the defective product or component(s) thereof; or (ii) provide purchaser with a refund amount equal to the original purchase price of the defective product. EV Parts will accept warranty claims only from the purchaser that purchased the product directly from EV Parts, and this is non-transferable or assignable to any resale of product thereafter. All warranty claims must include a return to EV Parts of the allegedly defective product, and shipped to EV Parts, unless otherwise instructed. EV Parts reserves the right to examine all returned product to determine whether or not the return qualifies for the exclusive remedy set forth in these EV Parts Terms.
Nothing in these Terms excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability. We are not responsible for any loss or damage that is not foreseeable. We are not liable for any loss or damage suffered by you as a result of your breach of these Sales Terms, our Terms of Use, or applicable Additional Terms.
Disputes. If a dispute arises between you and EV Parts, we strongly encourage you to first contact us directly at support@evparts.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
YOU AND EV PARTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND EV PARTS AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
Changes to these Terms. We may make changes to these Sales Terms, including when there are changes in our services, technology, law and regulation, or for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms and changing the “Last Updated” date above, and you agree that is a sufficient form of notifying you of changes. Any changes become effective when posted unless a later date is provided in the posting, and apply prospectively after such changes become effective, except that, notwithstanding anything to the contrary, changes addressing new functions of our service or changes made for legal reasons will be effective immediately. If you continue to access or use the Website to make purchases after the “Last Updated” date, you will be deemed to have accepted and agreed to such changes. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING OUR SERVICE TO MAKE A PURCHASE.