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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of $(Bavarian Exclusive). The collective work includes works that are licensed to Bavarian Exclusive. Copyright 2003, Bavarian Exclusive ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Bavarian Exclusive or purchasing Bavarian Exclusive products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Bavarian Exclusive or to purchase Bavarian Exclusive products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Bavarian Exclusive. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Bavarian Exclusive used in the site are trademarks or registered trademarks of Bavarian Exclusive
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Bavarian Exclusive disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bavarian Exclusive does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Bavarian Exclusive does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Bavarian Exclusive shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bavarian Exclusive has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Bavarian Exclusive product is mistakenly listed at an incorrect price, Bavarian Exclusive reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Bavarian Exclusive reserves 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 cancelled, Bavarian Exclusive shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Bavarian Exclusive without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Bavarian Exclusive may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Bavarian Exclusive.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Bavarian Exclusive products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Bavarian Exclusive products) must be commenced within one (1) year after the claim or cause of action arises. Bavarian Exclusive's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bavarian Exclusive may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Bavarian Exclusive or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Bavarian Exclusive does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Bavarian Exclusive is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Bavarian Exclusive reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Bavarian Exclusive in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Bavarian Exclusive, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Bavarian Exclusive may link to sites operated by third parties. However, even if the third party is affiliated with Bavarian Exclusive, Bavarian Exclusive has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bavarian Exclusive. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Bavarian Exclusive seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Shipping and Returns
Shipping: All orders are shipped via UPS or USPS unless weight or size
is prohibitive, in which case motor freight will be used. We ship via
US Postal Service for military personnel (APO, FPO), and by special
request only. We try our best to use the safest, most economical
shipping method available. Only when specific instructions are given
will the shipping mode be altered.
Orders shipped to Hawaii, Puerto
Rico or Alaska are shipped via UPS or FedEx or via USPS on request.
Please note that not all services listed may be available for your
desination (3-day shipping to Hawaii, for instance). For orders placed
on our web site, shipping charges are approximate. The actual shipping
charges will appear on the invoice you receive with your order.
International shipping charges will not appear on your online order. If
you need a rate quote for international shipping please email us before
placing your order. Please make sure to include a list of the items
you want to purchase and your postal (zip) code. If you do not request
an international shipping quote your order will ship via UPS and a
discounted shipping charge will added to your total.
All
applicable duties, taxes, and brokerage fees are the responsibility of
the Receiver and will be billed separately by the carrier and/or
governement agency, not by Bavarian Exclusive. All international
shipments, including Canada, are assigned a Customs broker by the
carrier. Rates and fees for brokerage will vary. Bavarian Exclusive is
not responsible for any duties, taxes, or brokerage fees assessed by the
carrier, broker, foreign government, and/or Customs agent. By agreeing
to these Terms and Conditions, you agree to pay any and all shipping
charges, duties, tax, and/or brokerage fees. In certain instances, if
we are out of stock on an item we will often ship directly from the
manufacturer of the product to you. This is known as a "drop ship." If
an item is drop shipped, transit time and cost will vary.
Returns: We will not accept unauthorized returns. Please contact
us whenever there is a need for adjustment. Returned parts must be in
clean, unused, original condition, packed in the manufacturers original
packaging, and received at Bavarian Exclusive within 30 days of date of
sale. We will not accept returns after 30 Days. No return will be
accepted without invoice/sales receipt number or date of sale. We will
issue you a return authorization number that must be marked on the
return package. Our shipping & receiving department does not accept
packages without return authorization number. Returned items will be
inspected before a refund is issued. No COD refunds accepted. There
are no returns on Special Order parts. There are no refunds on
electrical parts unless part is deemed defective by Bavarian Exclusive.
NO RETURNS ON USED PARTS , INSTALLED PARTS OR ASSEMBLED PARTS (such as
wheels with tires)!
A 25% restocking fee will be charged/deducted on all returns, regardless
of whether the item was ordered in error by telephone or on Bavarian
Exclusives web site!!!
Warranty: Please inspect all packages
immediately. Damage claims must be made within 72 hours of delivery.
Buyer acknowledges and agrees that parts are for OFF ROAD usage and may
not meet local requirments and may not be legal for use on public
highways. Buyer accepts all liability for parts installed incorrectly or
not maintained. Aerodynamic parts require minor modifications for
correct installation, we recommend professional installation. All
cancelations and returns are subject to a 25% restocking fee. *SPECIAL
ORDER PARTS ARE NOT RETURNABLE FOR ANY REASON*. Freight fees are
non-refundable. INSTALLED PARTS ARE NOT RETURNABLE. Any parts left
over 7 days are subject to storage fees and will be discarded after 30
days. We do not cover any costs related to wheels or tires, including
but not limited to fitment, vibration,blemish, or mounting and
balancing. INSTALLATION COSTS ARE NON REFUNDABLE ON ALL ORDERS.
Bavarian Exclusive does not cover incurred damage of any other parts or
systems resulting from "aftermarket" parts being installed, including
but not limited to electrical system, engine, suspension, transmission,
electrical control units and lighting systems.
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