Automotive Accessories North America Terms and Conditions:
1. Introduction
These terms of service (“Terms of Service”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and ShopMetro Ltd. d/b/a Automotive Accessories North America a subsidiary of ShopMetro Ltd. (“Automotive Accessories North America” or the “Company”, together with its Affiliates, collectively the “Automotive Accessories Party”).
ShopMetro owns and operates this website. Throughout the website and any of our policies, the terms “we”, “us” and “our” refer to ShopMetro Ltd. d/b/a Automotive Accessories North America. By accessing our services or making purchases, you are actively participating in our “Service” and consenting to be bound to the outlined terms and conditions (“Terms of Service” or “Terms”). These Terms and Conditions are applicable to all individuals using the site, encompassing but not limited to browsers, customers, merchants, vendors, and content contributors.
2. Agreement to Terms
Prior to utilizing our website, we strongly advise reviewing these Terms. By accessing or using any section of the site, you are actively participating in our “Service” and consenting to abide by these Terms of Service, inclusive of additional terms, conditions, and referenced policies accessible via hyperlink herein. If you disagree with any part of these Terms, then you may not access our website or utilize our services.
3. User Representation and Use of Service
By accepting these Terms of Service, you confirm that you:
- Are of the age of majority in your state or province of residence.
- You are the age of majority and have provided consent for any minor dependants to access and use this site.
- Are authorized to conduct payments through our services either on behalf of yourself or the represented entity.
Additionally, you acknowledge and consent that:
- You will refrain from using our products for any unlawful or unauthorized purposes.
- Your utilization of our Service will adhere to all applicable laws in your jurisdiction, encompassing, but not limited to, copyright, and trademark laws.
4. Updates to Terms
We reserve the right to periodically update or modify these Terms of Service. Any alterations will be published on our website, and it is your responsibility to regularly review this website for any updates. Your continued use or access to the website following the posting of changes signifies your acceptance of those modifications.
5. Additional Information
Any new features or tools added to the store are also subject to these Terms of Service.
The most current version of the Terms of Service can be reviewed at any time on this page.
Our e-commerce store is hosted by Automattic Inc, providing the online platform for us to sell our products and services to you.
6. Prohibited Actions
By utilizing our services, you agree to refrain from the following activities that may misuse or disrupt our website or services (‘Websites’), including but not limited to:
- Attempting to breach security, introduce worms, trojans, logic bombs, viruses, or other technologically harmful materials.
- Conducting denial-of-service attacks or disrupting our technological infrastructure or functionality.
- Gaining unauthorized access to, or stealing, our or our customers data.
- Engaging in any of these activities may be considered a criminal offence and can impede our ability to offer optimal service to our Automotive Accessories’ customers. Therefore, such actions are treated with utmost seriousness.
ShopMetro and its subsidiaries reserves the right to report any breach or suspicious activity, along with all pertinent information about the individuals involved, to the appropriate law enforcement authorities.
While we maintain personnel to keep our website secure, we cannot guarantee absolute immunity from bugs, viruses, or disruptive agents. Therefore, we strongly advise the use of virus protection software when accessing any website, including ours. ShopMetro and its subsidiaries assumes no liability for any damages to your computer or property from accessing our website. By using the website, you agree that if any issues arise, your only solution is to stop using it.
Additionally, the use of automated systems or software to extract data from our website, often known as ‘screen scraping,’ is explicitly prohibited.
Should your actions breach these terms, you agree to indemnify, defend, and exempt ShopMetro, its subsidiaries, along with its officers, directors, consultants, employees, agents, and affiliates, from any claims, damages, liability, and related expenses, including legal fees, brought by third parties due to your misuse of this Website or your violation of the Terms of Service.
7. Prices and Product Descriptions
Product Information Updates: Please note that all product descriptions or pricing details are subject to change without prior notice. Such changes are at our sole discretion.
Human Error Disclaimer: Being a team of one individual, occasional human errors may occur. Despite our best efforts, there might be instances where even through diligence, we inadvertently misprice or misdescribe a product or promotion.
Error Discovery and Resolution: In the event of an error concerning any goods you’ve ordered; we will promptly notify you.
Failure to Contact: If attempts to contact you fail, we will consider the order as cancelled. If you’ve already made payment and choose to cancel, a full refund will be issued to you.
8. Other Conditions
Transmission of Content: You recognize that your content (excluding credit card information) may be transferred across diverse networks and could be transmitted without encryption, potentially undergoing modifications to comply with technical specifications of connecting networks or devices. However, please be aware that credit card information will consistently undergo encryption throughout its transmission across networks to maintain security.
Dynamic Nature of Business: Given the dynamic nature of our business, certain aspects of the site may become outdated in subsequent versions. These terms and conditions are also subject to change as part of our evolving business operations.
Right to Refuse Service: ShopMetro and its subsidiaries retain the right to refuse service to any individual or entity at any time and for any reason.
9. Disclaimer and Information Accuracy
Information Accuracy Disclaimer: ShopMetro and its subsidiaries will not be held responsible for inaccuracies, incompleteness, or outdated information on this site. Such information should not be solely relied upon for decision-making without consulting more reliable, accurate, complete, or timely sources. Any reliance on this site’s material is at your own risk.
Historical Information: Certain parts of this site may contain historical data. Such historical information may not be current and is provided solely for reference.
Obligation to Update Information: We assume no obligation to update, clarify, or amend information on the Service or related websites, including pricing information, except as legally required. No specific update or refresh date implies that all information has been modified or updated.
Modification and Errors: We retain the right to modify site content without the obligation to update information. Occasional typographical errors, inaccuracies, or omissions in presented information, such as product descriptions, pricing, promotions, shipping charges, transit times, and availability, may occur. We reserve the right to rectify errors, inaccuracies, or omissions, and to modify or cancel orders as necessary, without prior notice.
Account Information Accuracy: By agreeing to provide accurate and complete purchase and account information, you are responsible for promptly updating your account and other details, such as credit card numbers, expiration dates, and email addresses. This ensures smooth transactions and facilitates necessary communication.
Order Restrictions and Account Information: We reserve the right to decline any placed order. At our discretion, we may limit or cancel quantities purchased per person, household, or order. This includes orders made under the same customer account, credit card, billing, or shipping address. We may also restrict orders that, in our judgment, appear to be from dealers, resellers, or distributors.
10. Third-Party Tools and Links
Third-Party Tool Access: Our website may offer access to third-party tools. It’s important to note that we neither monitor nor have control over these tools.
Disclaimer of Warranties and Liability: You acknowledge and agree that access to these third-party tools is provided “as is” and “as available,” without any warranties, representations, endorsement, or conditions. We hold no liability arising from or connected to your use of these optional third-party tools.
Third-Party Content and Links: Certain content, products, and services accessible via our Service may contain materials sourced from third parties. Links to third-party websites that are not affiliated with us may also be provided. We do not examine or assess the content or accuracy of these third-party materials or websites. As a result, we do not warrant or assume liability for any third-party materials, websites, products, or services.
Use at Your Own Risk: Your choice to use optional tools available on the site is entirely at your own discretion and risk. It’s crucial to review and agree to the terms set forth by the respective third-party provider(s).
New Features and Services: Any new services or features introduced through the website in the future will also be subject to these Terms of Service.
Liability Limitation: We bear no responsibility or liability for any harm, damages, or problems arising from purchasing or using goods, services, content, resources, or any transactions associated with third-party websites. Prior to any transaction, thoroughly review the policies and practices of the third-party. For any complaints, claims, concerns, or inquiries about third-party products, kindly address them directly to the third-party.
11. Products and Services
Online Availability and Return Policy: Some products or services may only be made available for purchase online via the website. These items may have limited availability and are governed by our Return Policy regarding any possible returns.
Sales and Quantity Restrictions: Although not obligated, we retain the right to restrict the sale of our products or services to certain individuals, geographic areas, or jurisdictions. This right may be applied on a case-by-case basis.
Color Accuracy Disclaimer: We cannot guarantee the precise accuracy of colors displayed on your computer monitor concerning the actual product received.
Quantity Limits and Description Revisions: We additionally maintain the right to restrict the quantities available for any offered products or services. Descriptions of products or their pricing may be altered at our sole discretion, without prior notice.
Discontinuation of Products: We retain the right to discontinue any product at any time.
Void Where Prohibited: Any offer for a product or service made on this site is void where prohibited by law.
Warranty Disclaimer: ShopMetro and its subsidiaries do not guarantee any type of warranty, whether express or implied, for any of the products on our website. This includes disclaiming responsibility for product defects, failures, wear and tear, misuse, abuse, modifications, improper selection, and non-compliance with provided instructions.
Quality and Error Disclaimer: We do not warrant that the quality of any products, services, information, or other material obtained through our Service will meet your expectations. Additionally, we do not guarantee the correction of any errors in the Service.
12. Customer Feedback, Reviews, & Notifications
By making a purchase through our online store, you acknowledge and agree that we may contact you via email or other communication methods for the purpose of requesting feedback and reviews regarding your experience with our products and services. Your feedback is invaluable to us and will help us improve our products and services.
By signing up to receive notifications for out-of-stock items, you agree to receive email alerts regarding the availability of those items. You may also receive updates about related products and promotions. Your information will be handled in accordance with our Privacy Policy.
If you prefer not to be contacted for reviews, feedback, or notifications, you may opt-out by emailing marketing@automotiveaccessoriesna.com.
13. User Generated Content
Feature usage and Rights: Occasionally, we might feature your content on our social media channels. By providing consent for us to showcase your content, along with tagging it using our social media handles or relevant hashtags, you agree to the following:
We may exhibit your handle and the content (“Content”) on automotiveaccessoriesna.com and/or Automotive Accessories North America’s social media platforms like Facebook or Instagram.
We reserve the right to modify, crop, or enhance the Content, aiming to do so respectfully and without causing any derogatory effects.
Promises Made by User: Additionally, you affirm that:
- You possess the consent of every individual featured in the Content.
- You hold the authority to grant ShopMetro and its subsidiaries the aforementioned rights.
- You are of the legal age of majority in your state or province of residence.
Agreement on Submissions and Comments: If you submit entries at our request (e.g., contest entries) or send unsolicited creative ideas, suggestions, proposals, or materials (“comments”), you agree that we have the unrestricted right to copy, edit, publish, translate, distribute, or use these comments in any medium. There will be no obligation to provide compensation, maintain confidentiality, or respond to the comments.
Content Monitoring and Removal: While we are not obligated, we reserve the right to monitor, edit, or remove content that, in our sole discretion, is deemed offensive, threatening, obscene, unlawful, libelous, defamatory, pornographic, violates intellectual property rights, or breaches these Terms of Service.
Guidelines for Comments: Your agreement involves ensuring that your comments do not violate the rights of any third party, including copyright, trademark, privacy, or personal proprietary rights. Furthermore, your comments should steer clear of any defamatory, unlawful, abusive, or explicit content, and must not introduce computer viruses or malware that could disrupt the Service or associated websites. You must provide accurate information, and using a genuine email address without impersonation is required. You hold sole responsibility for the accuracy of your comments. We do not assume responsibility or liability for any comments posted by you or any third party.
14. Returns and Refunds
14-Day Refund Policy: We offer a comprehensive 14-day refund policy. Should you be dissatisfied with your items within this period, we are pleased to offer a full refund or replacement.
Eligibility for Refund or Replacement: To qualify for a refund or replacement, you’ll need to provide proof of purchase, identification, and evidence demonstrating issues with the product.
Review and Notification Process: Upon receipt of the evidence, we will conduct a review at our discretion. Subsequently, you will receive an email notification informing you of the outcome, whether your refund has been approved or rejected.
Refund Process: If your refund is approved, it will be processed accordingly. The credit will be automatically applied to your credit card or the original method of payment within a specific timeframe.
Missing or Late refunds: In the event that your refund has not been received, we recommend taking the following steps:
- Please check your bank account to see if there is any new information regarding the refund.
- Contact your credit card company as processing times may vary before the refund is officially posted.
Contact Information: Should you have completed these steps and have not received your refund, please contact us at support@automotiveaccessoriesna.com for further assistance.
Exchanges (if applicable)
- Defective or Damaged Items: Exchanges are only facilitated for items that are defective or damaged. Should you need to exchange a defective or damaged item for the same product, kindly contact us via email at support@automotiveaccessoriesna.com.
Sale Items (if applicable)
- Refund Eligibility: Only regular-priced items are eligible for refunds. Unfortunately, we do not refund sale items.
15. Privacy and Personal Information
Privacy Policy: Your provision of personal information within the store is regulated by our Privacy Policy. To access our Privacy Policy, detailing the utilization of your information, please click here.
Social Media Interaction and Privacy Settings: At ShopMetro d/b/a Automotive Accessories North America, we like engaging with the community. However, it’s important to note that we do not have control over these social media platforms or the configuration of your profiles within them. Therefore, we strongly advise reviewing and adjusting your privacy settings on these platforms. This step will ensure your understanding and comfort regarding the utilization of your personal information on those platforms.
16. Disclaimer of Warranties and Limitations of Liability
Service Interruptions and Assurances: Despite our efforts to ensure continual online accessibility, being hosted through WordPress & our service providers means we cannot ensure or guarantee uninterrupted, timely, secure, or error-free use of our service.
Accuracy and Service Interruption Notice: We cannot guarantee constant accuracy or reliability in the outcomes derived from using the service. Please note that there might be occasions when we must temporarily remove or cancel the service without providing prior notice.
Express Acknowledgment of Risks: By using our service, you expressly agree that any interruptions or inability to access the service are solely at your own risk. The service, along with all products and services delivered through it (unless expressly stated otherwise by us), are provided ‘as is’ and ‘as available.’ This encompasses all implied warranties or conditions, including merchantability, fitness for a particular purpose, durability, title, non-infringement, and merchantable quality, without any representations, warranties, or conditions of any kind, whether express or implied.
Limitation of Liability: ShopMetro and it subsidiaries, along with our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, shall not be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. These damages may include, without limitation, lost profits, revenue, savings, data loss, replacement costs, or similar damages.
This limitation of liability applies irrespective of the legal basis, including but not limited to contract, tort (including negligence), strict liability, or otherwise. It covers circumstances arising from your use of the service or any products obtained through it, as well as any claim related to the service or products. This includes errors or omissions in content and any loss or damage resulting from the use of the service or content (or product) made available through it, even if the possibility of such damages has been advised.
It’s important to note that in certain states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permissible, our liability is limited to the maximum extent allowed by law.
17. Indemnification
By using our website, you agree to indemnify, defend, and release Automotive Accessories North America, including our parent company (ShopMetro Ltd.), subsidiaries, affiliates, officers, partners, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable legal fees, made by a third party due to or arising from your violation of these Terms of Service or any documents referenced herein, as well as your infringement of any law or the rights of a third party.
In essence, your website usage will not hold ShopMetro and its subsidiaries financially liable for issues beyond our control.
18. Severability and Termination
Severability Clause: If any provision within these Terms of Service is deemed void, unlawful, or unenforceable, it shall remain enforceable to the fullest extent allowed by applicable law. The portion found unenforceable shall be deemed severed from these Terms of Service. However, such determination shall not impact the validity and enforceability of the remaining provisions.
Terms of Service Duration and Termination: These Terms of Service are effective unless terminated by either party. You can terminate these Terms of Service by notifying us of your intent to discontinue using our Services or when you cease using our site.
Survival After Termination: The obligations and liabilities of the parties incurred before the termination date shall persist even after the termination of this agreement, serving all purposes.
Termination: If, at our sole discretion, you fail to comply with any term or provision of these Terms of Service, we reserve the right to terminate this agreement without notice. You will remain liable for all due amounts up to the termination date. We may also deny access to our Services (or any part thereof) accordingly.
In essence, adherence to the rules is crucial to avoid a potential ban from our services. We strive to avoid such measures whenever possible.
Non-Waiver of Rights: Our failure to exercise or enforce any right or provision outlined in these Terms of Service shall not be considered a waiver of such right or provision.
Entire Agreement: These Terms of Service, along with any policies or operating rules posted by us on this site, constitute the complete agreement between you and us. They govern your use of the Service, superseding any prior agreements, communications, or proposals, whether oral or written, between you and us.
Interpretation: Any uncertainties in interpreting these Terms of Service shall not be construed against the drafting party.
19. Governing Law and Jurisdiction
These terms of service, in conjunction with any supplementary agreements governing our services, stipulate the following:
- The laws of Alberta and the federal laws of Canada applicable in Alberta exclusively regulate all aspects concerning access, usage, or purchases made through the website.
- Jurisdiction lies within the courts of Alberta.
- The United Nations Convention on Contracts for the International Sale of Goods is expressly inapplicable.
- It is your responsibility to ensure compliance with all pertinent local laws.
20. Changes to the Terms of Service
You can find the most recent version of the Terms of Service on this page at any time.
We retain the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions on our website.
As previously mentioned, it is your responsibility to periodically check our website for any alterations.
Continued usage or access to our website or the Service after any changes to these Terms of Service have been posted indicates acceptance of those modifications.
21. Contact Us!
If you have any questions about the Terms of Service, please reach out to us at support@autmotiveaccessoriesna.com.