Terms of Service

Last Updated: December 7th, 2016 9:23 am

XSV Custom Auto Terms and Conditions

 

By visiting and/or using this website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. All purchases are final and cannot be cancelled.

 

Buyer's Assumption of Risk and Responsibilities

All products sold by XSV Custom Auto 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. All products that we sell are aftermarket products and are intended for off-road or show use only. BUYER ASSUMES FULL RISK AND FULL RESPONSIBILITY for the use of these body kits and auto parts. We are not liable for any damages or injury as a result of buyer's use of these products. Due to strict regulations by the Department of Transportation, some of these products are not approved for street or highway use. Removal of reinforcements, bumpers, turn signals, and other safety equipment on the vehicle is done at the buyer's own risk. XSV Custom Auto will not be responsible for the buyer's actions.

 

Installation of Aerodynamic Products

The body kits and auto parts listed require significant modification and are designed for PROFESSIONAL INSTALLATION ONLY. Failure to use professional 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 that you understand the procedures and possible difficulties in installing aftermarket aerodynamics. 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 seller's discretion.

 

Order Acceptance Policy

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 Custom Auto reserves the right at any time after receipt of your order to accept or decline your order for any reason. XSV Custom Auto reserves 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. We may require additional verification or information before accepting any order.

 

Payment Methods

XSV Custom Auto accepts Paypal and credit card payments. Full payment must be made online at the time of order processing. No payments are accepted at the pickup or delivery location.

 

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 will 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. 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 manufacturer and the manufacturer will charge you for the round trip shipping.

 

Shipping Damages

There is always some chance that products may be damaged during transit. You must immediately inspect, in the presence of the delivery person, all products received. You must inspect each product individually and verify that all items listed on the packing slip has 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 XSV Custom Auto within 24 hours to file a claim request. Failure to comply with this policy will result in a denial for your damage claim!

 

Returns

The buyer can return the item within 5 days of receipt as long as it is returned in original packaging and the buyer pays for return shipping. Note that original shipping fees are non-refundable and a 25% restocking fee will be applied. For orders with Free Shipping, the original shipping charges will be deducted from the refund amount. All returns must be authorized and approved by both the seller and the manufacturer. All return requests must be made within 5 days after receiving order. Approved returns must be returned to the manufacturer in unused and unaltered condition with the original packaging. Refunds will not be issued on returns that are damaged during shipping back to the manufacturer 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 carrier. Failure to comply with this return policy will result in a refusal of the shipment and will be returned to the buyer at the buyer's expense.

 

International Shipping

Because customs policies and fees vary from country to country, the buyer is responsible for payment of all applicable customs fees and duties. In addition, the buyer 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.

Customers needing delivery to Alaska, Hawaii, or a US Territory must first request a quote. Transactions made without first requesting a quote will be refunded and cancelled.

We are more than happy 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 Custom Auto as long as the delivery address is within the lower 48 states. Hiring and use of a freight forwarding company is the responsibility of the buyer

 

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 kit. Please read the description of the part carefully as one or more of the kit 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.

 

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 obtained from our suppliers, we reserve the right to refuse or cancel any orders placed for products listed with incorrect information.

 

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.

 

Intellectual Property

All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international intellectual property laws. All software used on this site is our property or the property of our service provider or its suppliers and 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.

 

If you do post content or submit material, and unless we indicate otherwise, 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 they choose. 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 and Amazon 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 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 THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL 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, PRODUCTS (INCLUDING SOFTWARE) 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.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, 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 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.

 

Applicable Law

By visiting our site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us, and the state and federal courts located in Los Angeles, California shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both Parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum.

 

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.