Terms of Service

Last Updated: March 4th, 2017 10:30 am

XSV Custom Auto Terms and Conditions

 

By accessing and/or using this site, related products, or related services, you (hereinafter "you" or the "Customer") expressly agree to these Terms and Conditions ("Terms"). In addition, by accessing and/or using this site, related products, or related services, you acknowledge that you have read, understood, and agree to these Terms. All purchases are final and cannot be cancelled.

 

Customer's Assumption of Risk and Responsibilities

All products sold by XSV Custom Auto LLC ("we" or "XSV") are sold "as is" to the Customer. We do not offer warranty on any of the products sold. If warranty is offered by the manufacturer, warranty documentation will be sent with the product. We shall not be liable for any damages or injury as a result of use of these products. YOU ASSUME FULL RISK AND FULL RESPONSIBILITY for the use of these products.

All automotive products that we sell are aftermarket products and are intended for off-road or show use only. Due to strict regulations by the Department of Transportation, some of these products are not approved for street or highway use. We do not recommend, and in fact we discourage, use of these products on public streets and highways. Removal of reinforcements, bumpers, turn signals, and other safety equipment on the vehicle is done at your own risk. We shall not be responsible for the Customer's actions.

 

Installation of Automotive Products

The body kits and auto parts listed require significant modification and are designed for PROFESSIONAL AFTERMARKET INSTALLATION ONLY. Auto shops experienced in OEM installations may not be experienced in aftermarket fiberglass installation. Failure to use professional aftermarket installation will void all warranties and return policies, if applicable. Due to the materials used in production, the body kits will not be a direct bolt-on. These body kits may require prepping, sanding, shaving, filling gaps, cutting, or other extensive body work. These modifications may include removal or cutting of reinforcement bars. Before purchasing, you acknowledge and agree that you understand the procedures and possible difficulties in installing aftermarket parts.

 

Processing

Your receipt of an electronic or other form of order confirmation does not signify an acceptance of your order, nor does it constitute confirmation of an offer to sell. XSV reserves the right at any time to accept or decline your order for any reason. Without prior notice to you, we reserve the right at any time to supply less than the quantity you ordered of any item.

Full payment must be made online prior to order processing. No payments are accepted at the pickup or delivery location. We may require additional verification or information before accepting any order.

 

Backorders

Most of our products are in stock and will be shipped within 48 hours. Some products are made to order and may take 2 to 4 weeks. Due to the popularity of some products, there may be occasional backorders. In the event of a backorder, wait time may be 4 to 8 weeks. Accordingly, if timing is an issue, please email us prior to purchasing.

 

Shipping Instructions

Given the size and nature of our products, the shipping company may call you to schedule an appointment for delivery. Accordingly, please provide us with your current phone number and we will forward that information to the shipping company, if applicable. Also, please make sure that you keep your shipping appointment. If you are not available for your shipping appointment, then the item will be shipped back to the distributor and you will be charged for the round trip shipping.

 

Shipping Damages

There is always some chance that products may be damaged during transit. In the presence of the delivery person, you must immediately inspect all products received. You must inspect each product individually and verify that all items listed on the packing slip have been received. Never assume that if the box is undamaged, then the products inside are also undamaged. DO NOT SIGN THE DELIVERY RECEIPT UNTIL ALL PACKAGES HAVE BEEN INSPECTED AND DETERMINED TO BE FREE OF DAMAGE. In the event that damage has occurred, write "damaged" directly on the delivery bill and have the delivery person sign it as verification. Retain all boxes and other packaging material as the package may be subject to later inspection by the carrier. Email us within 24 hours to file a claim request. Failure to comply with this policy will result in a denial for your damage claim!

 

Replacements and Returns

The buyer can return the item within five (5) days of receipt as long as it is returned in original packaging and the buyer pays for return shipping. Note that shipping fees are non-refundable and a 25% restocking fee will be applied. For orders with free shipping, the shipping fees originally incurred by XSV will be deducted from the refund amount. All returns must be authorized and approved by XSV, the distributor, and the manufacturer, if applicable. All return requests must be made within five (5) days after receiving order. Approved returns must be returned to the distributor in unused and unaltered condition with the original packaging. Refunds will not be issued on returns that are damaged during return shipping back to the distributor if the product is not received in original packaging or better. In the event that damage does occur, a refund will be issued when a claim has been settled with the shipping company. Failure to comply with this return policy will result in a refusal of the shipment and will be returned to you at your expense.

We reserve the right to modify or override requests regarding replacement or refund. For example, we will not replace or refund a complete body kit if a single component is found to be defective.

Refunds will not be issued due to poor fitment of the body kit. If fitment is off by extreme margins, a refund will be considered at our discretion. Moreover, no replacements or refunds will be provided in the following situations:

• Any product that has been subject to misuse, neglect, accident, or improper installation.

• Any product that does not have proof of professional installation at an auto body shop experienced in aftermarket fiberglass installation.

• Any product that has been modified or altered from its original manufactured state.

 

Shipping Outside of the Contiguous US

Customers needing delivery outside of the contiguous US (including but not limited to Alaska, Hawaii, US territories, and foreign countries) must first request a quote. Transactions made without first requesting a quote will be refunded and cancelled.

Because customs policies and fees vary from country to country, the customer is responsible for payment of all applicable customs fees and duties. In addition, you may be obligated to hire a customs broker to satisfy the customs requirements. Be sure to check with your local customs office regarding these requirements prior to purchasing.

We are willing to ship orders to a designated freight forwarding company that will handle the delivery of your purchase to your country, territory, etc. If you choose to use a freight forwarding company, you do not need to request a shipping quote from XSV as long as the delivery address is within the contiguous US. Hiring and use of a freight forwarding company is the responsibility of the customer.

 

Website Images

Please be aware that the sample pictures depict highly customized cars. Each car employs multiple modifications, including painting and possibly alterations of the depicted part. Please read the description of the part carefully as one or more of the options may include a different part than depicted in the image. Parts such as lights, splitters, canards, paint, and other accessories are not included unless specifically stated in the product specifications.

 

Product Descriptions

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

 

Typographical Errors

In the event that a product is listed at an incorrect price or with incorrect product information due to a typographical error in pricing or product information, we reserve the right to refuse or cancel any orders placed for the product.

 

Intellectual Property

All content on this site, including but not limited to text, graphics, logos, icons, and images, is our property or the property of our content suppliers. All content on this site is protected by US and international intellectual property laws. All software used on this site is our property or the property of our service provider or its suppliers. All software used on this site is protected by United States and international intellectual property laws.

 

Site Access

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.

 

Comments, Communications, and Other Content

Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content. You are responsible for maintaining and updating your information, including but not limited to personal contact information in your account.

Unless we indicate otherwise, if you post content or submit material, then you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we choose to use your name. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right (but not the obligation) to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, RELATED PRODUCTS, OR RELATED SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THE SERVERS SERVICING THIS SITE; OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY COSTS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO TRANSPORTATION, LABOR COSTS, TIME, TOWING, STORAGE, PREMIUM FREIGHT CHARGES (SUCH AS AIR OR OVERNIGHT DELIVERY), RENTAL COSTS OF ANY TYPE, LOGISTICS, OR ECONOMIC LOSSES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

BINDING ARBITRATION

ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO SECTION 1280 ET SEQ. OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. THIS PROVISION APPLIES TO ALL DISPUTES, INCLUDING BUT NOT LIMITED TO ALLEGATIONS OF NEGLIGENCE, BREACH OF CONTRACT, OR FRAUD. THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE PARTIES, OR APPOINTED BY THE COURT. THE DECISION OF THE ARBITRATOR WILL BE BINDING. THE PARTIES RETAIN THE RIGHT TO APPEAL THE ARBITRATOR'S DECISION AS SET FORTH BELOW. The parties shall equally share the arbitrator's fees. The parties shall have full rights of discovery under the Civil Discovery Act and shall have the right to file dispositive motions (such as a demurrer, motion to strike, or motion for summary judgment) just as if the case were being litigated in court. All motions shall be heard by the arbitrator. If either party refuses to select an arbitrator or submit the dispute to arbitration, either party may petition the Los Angeles Superior Court for an order appointing an arbitrator or compelling arbitration. The arbitrator shall apply California substantive law to the proceeding. The arbitration shall be conducted in Los Angeles, California. An award may be entered against a party who fails to appear at a duly noticed hearing. The arbitrator shall prepare in writing and provide to the parties an award and a statement of decision, including factual findings and the reasons on which the decision is based, within ninety (90) days of the date the matter is submitted to the arbitrator for decision. Neither party is required to ask for a statement of decision; the arbitrator shall issue a statement of decision whether or not requested. The decision of the arbitrator, when final, may be entered and enforced as a final judgment in any court of competent jurisdiction.

 

WAIVER OF TRIAL

IF THE FOREGOING BINDING ARBITRATION CLAUSE WERE NOT IN THIS AGREEMENT, THE PARTIES WOULD EACH HAVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES. THE PARTIES ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL OR COURT TRIAL IN ANY DISPUTE BETWEEN THE PARTIES BY SIGNING THIS AGREEMENT. YOU SPECIFICALLY UNDERSTAND THAT THE RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR A JURY IS HEREBY WAIVED.

 

Governing Law

Any controversy of claim arising out of or relating to the construction or applications of any term, provision, or condition of these Terms shall comply with and be governed in accordance with the laws of the state of California.

 

Jurisdiction

If any dispute arises out of or in connection with these Terms, except as expressly contemplated by another provision of these Terms, the parties irrevocably: (i) consent and submit to the jurisdiction of courts located in Los Angeles, California; (ii) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; and (iii) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL OR ADJUDICATION BY JURY.

 

Site Policies and Modification

These Terms, including any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

XSV reserves the right to make changes to our site, policies, and these Terms at any time and at our sole discretion. We reserve the right to make changes without notice. Such changes will be effective upon posting of the revised Terms. You are encouraged to review the Terms from time to time for any possible changes. You should discontinue all access and use of this site if you do not agree with all of the Terms.

 

Severability

Each provision of these Terms (a "Provision") shall be deemed severable. If any Provision or the application of any Provision to any person or circumstance shall be held invalid or unenforceable by a court of any jurisdiction:

• The Provision shall be ineffective only in that jurisdiction.

• The Provision shall be ineffective only to the extent that it has been expressly held to be invalid or unenforceable in that jurisdiction.

• The ineffectiveness of the Provision shall not invalidate any other provision of the Terms or the application of the Provision itself to persons or circumstances other than those with respect to which it was held invalid or unenforceable in the jurisdiction in question.

 

No Waiver

Nothing contained herein shall be construed as a waiver by XSV of any of our rights or remedies described in these Terms unless the waiver is in writing and signed by an authorized agent of XSV. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

 

Force Majeure

Neither party shall be liable for any failure of or delay in the performance of its obligations under this Agreement for the period that the failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond that party's reasonable control, it being understood that lack of financial resources shall not be deemed a cause beyond that party's control. Each party shall promptly notify the other party of the occurrence of any such cause and carry out the affected performance as promptly as practicable after the cause of the problem is alleviated.

 

No Third-Party Beneficiaries

Nothing in these Terms, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

 

Termination

At our sole discretion, without notice and/or for any reason, XSV may terminate these Terms, access to our site or any related services, or any current transactions immediately.