Terms of Use
All information and pictures on the website of "Escaladeaccessory.com" is reserved. All finished product that is shipped to a purchaser is reserved and copyrighted. Any duplication, copying, distribution of Escaladeaccessory.com without a written consent is illegal, and charges will be filed towards the violator(s).
Site Terms of Use
Please read this document carefully before accessing or using the site. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. If you do not wish to be bound by these terms and conditions you may not access or use the site, Escaladeaccessory.com may modify this agreement at any time and such modifications shall be effective immediately upon positing of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continue access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Disclaimer of warranty for Escaladeaccessory.com Website
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any Products, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
Customer Security
Customer(s), users and/or members of Escaladeaccessory.com must agree to all the Terms and Conditions before using any services provided by Escaladeaccessory.com.
Pictures
All pictures may not represent the actual product, the pictures are for advertising purposes only.
Information Policies
Information regarding availability of products, prices, phone numbers, emails, etc., are subject to change without notice at all times. Charges, and policies may be changed by Escaladeaccessory.com at its sole discretion.
Inspection
Buyer shall inspect and reconcile all inbound shipments from Escaladeaccessory.com within seven (7) working days. Claims for shortages or damaged merchandise must be submitted to Escaladeaccessory.com no more than ten (10) working days following Buyer's receipt of shipment.
Check Payment Policy
Check payments require a 7 day to process and clear our bank in this time the order will be on hold. Once the check clears it may take up to 7 business days before we physically release the item for shipment.
Returns; Defective and Damaged Merchandise
Defective and freight damaged merchandise (but only where Escaladeaccessory.com is providing shipment) may be returned to Escaladeaccessory.com for full credit, but only upon verification by Escaladeaccessory.com of such defect or damage. A Returned Merchandise Authorization ("RMA") form must be filled out by the Buyer and Approved by Escaladeaccessory.com. Credit will be issued to Buyer upon receipt of the RMA form and the claim approval from the freight company.
Returns; Exchanges; Good Merchandise
• Returns of good merchandise may be accepted by Escaladeaccessory.com in its sole discretion under the following conditions:
• Return/Exchange of merchandise in totally re-saleable condition, without markings on the original packaging will be restricted to extraordinary circumstances with prior approval from Escaladeaccessory.com. Accepted return will be assessed a 25% restocking charge. Returned part number shall not exceed 15% of total annual purchase quantities.
• Return/Exchange of merchandise in packaging that has been marked, relabeled or otherwise defaced will be restricted to extraordinary circumstances with prior approval from Escaladeaccessory.com. Accepted return will be assessed a 30% restocking charge, except that Escaladeaccessory.com merchandise returned in packaging that has been marked, relabeled or otherwise defaced will be subject to a 40% restocking charge. Returned part number shall not exceed 15% of total annual purchase quantities.
• Merchandise classified by Escaladeaccessory.com as TB (To Be Discontinued), or DC (Discontinued), may not be returned for credit.
• Merchandise on sales promotion or inventory packages may not be returned for credit.
• Buyer must pay all return transportation charges.
• Buyer must obtain and complete an RMA form, issued by Escaladeaccessory.com, for any good merchandise return or exchanges.
• Returns/Exchanges will not be accepted under any circumstances after 15 calendar days after the ship date indicated by Escaladeaccessory.com.
• Any returns for non-fitment or quality issues will require high quality digital pictures of the products to be emailed to the account manager before an RMA is approved.
• Order cancellations will take up to 48 hours after a cancellation is requested before the order is officially cancelled and money processed for return.
User and Member Information
Escaladeaccessory.com owns any information you provide through your use of the website, including any information regarding your use of the Internet and the website. Subject to the terms of our Privacy Policy, Escaladeaccessory.com reserves the right to reproduce and use such information for its own marketing or other purposes. Such information will not be sold or otherwise provided to any third party without your consent.
Indemnification
You agree to indemnify, defend and hold harmless Escaladeaccessory.com and any others involved in creating the website, any Content from and against any and all claims, actions, liabilities, costs and expenses arising out of (a) your breach of any provision of this Agreement; (b) your breach of any representation or warranty you provide herein; (c) your posting/processing on the website (d) your use of the website and the services. (e) otherwise arising in any way out of your use of the website and the services. You shall cooperate fully in any defense of such claim. Escaladeaccessory.com reserves the right to take exclusive control over the defense of any such claim.
Trademark
All trademarks, service marks and trade names appearing on this website are the property of their respective owners.
Visitors
If you are affiliated with or working for an Auto Maker including but not limited to Acura, Audi, BMW, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Hyundai, Hummer, Infiniti, Isuzu, Jeep, Land Rover, Lexus, Lincoln, Mazda, Mercedes, Mercury, Mitsubishi, Nissan, Pontiac, Porsche, Saab, Saturn, Scion, Subaru, Suzuki, Toyota, Volkswagen (VW) and Volvo., either directly or indirectly, and / or you are in any related group, and / or were formally a worker, and / or an attorney you cannot enter this website and cannot go anywhere further on the website and must exit it immediately. You cannot access any files and you cannot view any of the web page files located on Escaladeaccessory.com. If you enter this site you are not agreeing to these terms you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995. According to code 431.322.12 of the Internet Privacy Act you cannot threaten our ISP(s) or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with this page which includes family, friends or individuals who run or enter this web site.
Links to Third Party Websites
This website may include links to other Internet websites. By providing such links, Escaladeaccessory.com does not recommend and is not liable for any such websites or any content, information, advice, products, services or prices therefore contained on or accessible through such websites. Your access and use of any such third party websites and their content, information, advice, products or services is solely at your own risk. You agree that Escaladeaccessory.com will not be liable or responsible for any such third party websites or their content, information, advice, products, services or any price, price discrepancy or price change therefore.
Limitation of Liability
Escaldeaccessory.com SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED WHIMIT IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
Applicable Law and Consent to Jurisdiction
This Agreement will be governed by and in accordance with the laws of the State of Indiana, United States of America without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of Martinsville, Indiana United States of America for any cause of action arising out of or relating to this Agreement.
Shortened Statute of Limitations
You agree to file any cause of action arising out of or relating to this Agreement and your rights and obligations hereunder in Martinsville, Indiana United states of America within one year after the cause of action arises. You agree that any action filed after this date is barred.
Right to Change Agreement
Escaladeaccessory.com reserves the right to change this Agreement at any time.Escaladeaccessory.com will post a notice of any change to this Agreement on the website. Your continued use of the website after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only Escaladeaccessory.com can modify the terms and conditions of this Agreement and/or the Credit Schedule.
Severability
If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Entire Agreement
This Agreement constitutes the entire agreement between you and Escaladeaccessory.com and supersedes all proposals and other communications made between the parties, written or oral. This Agreement can only be modified as stated in Section 19 above.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Escaladeaccessory.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Escaladeaccessory.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Escaladeaccessory.com shall immediately issue a credit to your credit card account in the amount of the charge.