DBA Brake Pads – Page 4 – N1racing Equipment

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OVERVIEW This website is operated by N1 Racing Equipment. Throughout the site, the terms “we”, “us” and “our” refer to N1 Racing Equipment. N1 Racing Equipment offers this 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 something from us, you engage in our “Service” and agree to be bound 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 these 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. Any new features or tools which are added to the current 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. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. SECTION 1 - ONLINE STORE TERMS 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, or that you are 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 this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. SECTION 7 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party. SECTION 8 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). A contract is formed after we have dispatched your order. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 10 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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. In no case shall N1 Racing Equipment, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 12 - INDEMNIFICATION You agree to indemnify, defend and hold harmless N1 Racing Equipment and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 13 - 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 14 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 15 - 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 govern 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 16 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 17 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@mlperformanceusa.com SECTION 18 - RETURN & REFUNDS Goods need to be inspected on arrival and if any defect(s) are found we need to be notified within 7 days, as we cannot accept any responsibility of any damage claim after 14 days as the courier has a limitation on the days a claim can be made. All returns need to be with us within 7 days of the return request being initiated. Returns will not be accepted if received outside of this 7-day period, unless agreed upon prior due to unexpected circumstances SECTION 19 - IMPORT TAXES & FEES It is the responsibility of international customers (i.e. outside of the USA) to bear all relevant import fees, duties and any associated taxes on purchases made with N1 Racing Equipment. The price advertised is simply the product price and does not include shipping (which will be charged at check out) and any potential import fees which are charged by the customer's local authorities. SECTION 20 - FREE SHIPPING We offer free shipping to 48 contiguous USA States on items whereby there is a Free Shipping label or icon. However, note that we only offer this once and it is the responsibility of the buyer to ensure that he or she is present to accept delivery. Any subsequent attempted deliveries will incur a shipping fee. SECTION 21 - SHIPPING REQUESTS / ISSUES In the event where the customer requests the courier to leave the parcel unattended, they agree to waive the responsibility of the parcel from us as we cannot guarantee safety of their parcel when left unattended. Customers need to reach out to us within 7 working days of receiving tracking if they think their order has been misdelivered to a wrong address. In the case where the customer is unable to be present during the delivery attempt and requires the item to be reshipped back out again there will be a fee of Rs. 1000.00 incl. GST for INDIAN customers. International customers will be subject to a re-delivery quote on a case by case basis. Cancellation Request In the event where the customer wishes to cancel their order but the shipment has already been dispatched, the customer will be responsible for returning the package to us. If the customer rejects a shipment without prior notice, they are liable for the potential return fees charged by the courier. Compatibility Check In the event where the customer requests for fitment check on an existing order, customers will be liable for any incurred costs on the returns should the orders be dispatched already. If customers place an order and subsequently request compatibility verification via calls, emails, or live chat, only after the order has already been processed, we shall not be held liable for any costs incurred in the return process. It is the responsibility of the customer to ensure compatibility before finalizing their order. Minor Cosmetic Damage on Certain Parts (e.g., coilovers, springs, body kits) Minor cosmetic damage includes, but is not limited to, scratches, scuffs, dents, or blemishes on the exterior packaging or the part itself. This does not include functional damage that affects the performance or usability of the part. Risk of Transit Damage Due to the weight and size of these parts, there is an inherent risk of minor cosmetic damage during shipping and handling. We take all reasonable precautions to ensure safe delivery, but minor cosmetic damage may still occur. Non-Compensation for Minor Cosmetic Damage We will not provide compensation for minor cosmetic damage as described above. This policy is based on the understanding that such minor damage does not affect the performance or usability of the parts. Functional Damage If the part suffers functional damage during shipping, please refer to our Return and Refund Policy for instructions. Documentation To claim functional damage, please provide clear photos and/or videos showcasing the damage and a detailed description of the issue. Returns If you are not satisfied with your purchase due to minor cosmetic damage, you are welcome to return the part at your own cost. However, please note that:  The part must be returned in its original packaging and in unused condition.  We reserve the right to refuse a return if the part is not returned in accordance with our policy.  You will be responsible for the cost of return shipping.  In cases of heavily damaged or deep cosmetic damage, we may be able to take the part back at our discretion. Please contact us with photos of the damage for a return assessment. Disclaimer: This clause is not intended to limit your statutory rights as a consumer. SECTION 22 - CHARGEBACKS In the event where the customer opens a chargeback without any prior attempt to resolve the issue by contacting us, a chargeback fee of £20 will be incurred. SECTION 23 - SPECIAL ORDER CANCELLATIONS We understand that circumstances may change, and you may need to cancel a Special Order. While we strive to be flexible, please be aware that canceling a Special Order is subject to our approval and not guaranteed. This is because these items are procured specifically for you and involve limited availability. There are several factors we consider when reviewing your cancellation request:  Order Stage: If the order has already been placed with the supplier or production has begun, cancellation may not be possible.  Supplier Policy: Certain suppliers have specific cancellation policies for special orders, which we must follow. If we approve your cancellation, a 20% restocking fee will apply to cover administrative and processing costs. This fee is non-refundable. However, we understand that mistakes happen such as ordering incorrectly. In exceptional circumstances, such as our error (e.g., wrong item shipped) or supplier error (e.g., damaged product), we will waive the restocking fee and work to rectify the situation at no additional cost to you. In General, Special Orders cannot be returned for a refund or exchange. Please also note that Special Orders may have extended lead times. This information will be provided during the order stage. While we cannot guarantee cancellation, we value your satisfaction and will make every effort to accommodate your requests within the limitations outlined above. By placing a Special Order, you acknowledge and agree to these terms and conditions.