Navigating Your Purchase with Kies Motorsports: A Comprehensive Guide to the Terms and Conditions
Purchasing automotive parts and accessories online offers convenience, but understanding the fine print is crucial. Kies Motorsports, LLC, a provider of aftermarket automotive products, has a detailed set of terms and conditions governing all purchases made through their website, www.kiesmotorsports.com. This guide breaks down these terms to ensure you, the customer, are fully informed before making a purchase.
Agreement and Eligibility
By placing an order on the Kies Motorsports website, you are entering a legally binding agreement and confirming that you are of legal age to do so. You are also agreeing to adhere to their terms and conditions. If you disagree with these terms, are not of legal age, or are legally restricted from using the website, you are prohibited from ordering products or services from Kies Motorsports. These terms are subject to change without prior notice, with updates reflected in the “Last Updated” date on the website, making regular review essential for returning customers.
Order Acceptance and Modifications
Placing an order acts as your offer to buy products under Kies Motorsports’ terms. However, order acceptance is not automatic. Kies Motorsports reserves the right to refuse any order at their discretion, even after sending an order confirmation email. This confirmation email solely acknowledges receipt of your order and doesn’t guarantee acceptance.
Pricing, Payment, and Taxes
Prices listed on the Kies Motorsports website are subject to change without notice. The price you pay is the advertised price at the time of order placement, factoring in any applicable promotions or discounts. This price is clearly stated in your order confirmation. Price increases will not apply retroactively to previously placed orders. Importantly, listed prices exclude shipping, handling, and taxes. These additional costs are calculated and itemized in your shopping cart and order confirmation. While Kies Motorsports aims for accuracy, they reserve the right to correct any pricing errors, inaccuracies, or omissions and cancel orders arising from such errors.
Payment is expected before order acceptance, unless otherwise agreed upon in writing. By providing credit card information, you confirm that it is accurate, you are authorized to use it, and you will cover all charges, including taxes and shipping, regardless of any quoted amounts on the site at the time of your order.
Shipping, Delivery, and Ownership
Kies Motorsports handles the shipping arrangements for your orders. Shipping and handling costs are your responsibility unless explicitly stated otherwise in the order confirmation. Refer to individual product pages for specific delivery options.
Ownership and risk of loss transfer to you the moment Kies Motorsports delivers the products to the shipping carrier. Delivery dates are estimates and are not guaranteed. Kies Motorsports is not responsible for delays in shipping.
Final Sale Policy and Warranty Information
All sales are final at Kies Motorsports unless explicitly agreed upon in writing. They do not accept returns or offer refunds on products or services purchased through their website. This strict policy emphasizes the importance of careful consideration before placing an order.
Kies Motorsports does not manufacture the products they offer and, therefore, does not provide direct warranties. However, products may be covered by the manufacturer’s warranty, which is included with the product. Warranty claims for defective products should be directed according to the manufacturer’s instructions.
Services offered through the site, such as installation, also come without warranties, express or implied. All products and services are sold “AS IS” without warranties, including merchantability, fitness for a particular purpose, or non-infringement. Note that warranty disclaimers may not apply in jurisdictions where such disclaimers are limited or not allowed by law. Kies Motorsports is not liable for breaches of manufacturer warranties or damages arising from manufacturers failing to honor their warranty obligations.
Legal Compliance and Indemnification
It is your responsibility to ensure that the purchase, installation, and use of any product from Kies Motorsports complies with all applicable laws, including federal, state, and local laws, as well as any relevant foreign jurisdiction laws. You agree to indemnify, defend, and hold Kies Motorsports harmless from any claims, losses, or liabilities arising from:
- Your purchase, installation, or use of their products or services.
- Misuse of purchased products or services.
- Failure to comply with applicable laws, including emissions and safety regulations.
Emissions Restrictions and Vehicle Warranties
You acknowledge that some products sold by Kies Motorsports are intended for off-road or track use only and are not legal for public road use in areas with emissions restrictions. While Kies Motorsports aims to clearly identify such products, it is ultimately your responsibility to ensure legal compliance. Kies Motorsports makes no claims or warranties regarding emissions compliance or the legality of products for street use. Consult the product manufacturer for emissions compliance information.
Kies Motorsports is not liable for any loss or alteration of your vehicle’s manufacturer or aftermarket warranty due to the installation or use of purchased products. Refer to the FAQ section on their website for more information on warranties and aftermarket parts.
Restrictions on Resale and Export
Purchases from Kies Motorsports are intended for personal use only and not for resale or export. You confirm that all purchases are for final delivery to the location specified in your order.
Limitation of Liability
Kies Motorsports limits its liability for damages. They are not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits, revenues, or diminished value arising from any breach of their terms. This applies regardless of foreseeability, notice of potential damages, or the legal basis of the claim.
Their maximum liability is limited to the actual amount you paid for the products and services ordered. This limitation applies to the extent permitted by law and does not cover liability resulting from gross negligence or willful misconduct.
Force Majeure
Kies Motorsports is not liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, government actions, war, terrorism, civil unrest, epidemics, labor disputes, or supply chain disruptions.
Governing Law and Dispute Resolution
The terms are governed by the laws of New Jersey, without regard to conflict of law principles.
Crucially, disputes will be resolved through binding arbitration, not jury trials or class actions. By agreeing to these terms, you waive your right to litigate in court. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator has exclusive authority to resolve disputes regarding the enforceability of the arbitration provision and can grant remedies available in court. The arbitrator’s decision is final and binding.
You may pursue claims in small claims court if you notify Kies Motorsports in writing within 60 days of purchase. Arbitration or small claims proceedings are limited to your individual dispute, and class actions are not permitted.
General Provisions
You cannot assign your rights or obligations under these terms without written consent from Kies Motorsports. Failure to enforce any right does not constitute a waiver. Waivers must be in writing and signed by an authorized representative. These terms are not intended to benefit any third parties.
Notices to you may be provided by email or website posting. It is your responsibility to maintain a current email address. Notices to Kies Motorsports must be sent via the “Contact Us” form on their website or by email to [email protected].
If any provision of these terms is deemed unenforceable, it will be severed without affecting the remaining provisions. These terms, along with order confirmations or invoices, constitute the entire agreement between you and Kies Motorsports.
Conclusion
Understanding Kies Motorsports’ terms and conditions is essential for a smooth purchase experience. Familiarizing yourself with their policies on sales finality, warranties, liability limitations, and dispute resolution will empower you to make informed decisions and navigate your transactions with confidence. While “Kies Obd2” might be a search term related to automotive diagnostics, remember that these terms and conditions govern all purchases from Kies Motorsports, regardless of the specific product. Always review these terms before completing your purchase.
