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Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website joespartsales.com ('the Website') and your relationship with:
(i) The Joes Tractor Sales, Inc (trading as joespartsales.com) whose registered office is at 724 Joe Moore Rd Thomasville NC 27360; or
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
1. AGREEMENT
By using the Website you agree to be bound by these Terms.
2. AMENDMENTS
We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. REGISTRATION
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
e-mail address:info@joespartsales.com
4. PRIVACY POLICY
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. PROTECTING YOUR SECURITY
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. COMPLIANCE
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
7. INDEMNITY
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. ORDERS
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. CANCELLATION RIGHTS
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
11. PRICE AND PAYMENT
Sales Tax, where applicable, will be added to your order at checkout.
If your delivery address is outside of the United States of America you may be subject to import duties and taxes, which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that cross border shipments may be subject to opening and inspection by customs authorities. are deemed to be the importer of all goods we dispatch to you and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at:
12. ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under USA law you must:
if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
13. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under USA law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
15. SEVERANCE
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
16. WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
18. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of USA and any disputes will be decided only by the USA courts.
19. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 joespartsales.com and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to joespartsales.com, including the execution of deeds and documents, at the request of skinstore.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to joespartsales.com:
The content and material is accurate;
Use of the content and material you supply does not breach any applicable joespartsales.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify joespartsales.com for all claims brought by a third party against joespartsales.com arising out of or in connection with a breach of any of these warranties.
Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.
20. MULTIBUY OFFERS
This offer applies only to qualifying items listed in the Multibuy area of this Website.
Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
21. GIFT WITH PRODUCTS PROMOTIONS
21.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
21.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
22. CREDIT
Credit -Any credit will be valid for 6 months from the date of issue.
Our Returns Policy
Our Returns Policy forms part of, and must be read in conjunction with, our Terms and Conditions of Sale. We reserve the right to change this Returns Policy at any time. This Returns Policy was last updated on 1/1/2024. It is important that you check your order or items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us immediately so we can investigate.
Before attempting to return an order you will need to contact our customer service team to request a returns authorization number. Without this number it can be difficult to process your return meaning the process may take longer.
Your statutory rights
Our Returns Policy does not affect your statutory rights.
Right to Cancel
You have the right to cancel this contract within 14 days without giving reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods. There will be no return on ELECTRICAL parts.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, the best way to do this is by contacting our customer service team.
Please ensure that the items you are returning are unopened and in any original packaging. Unwanted goods need to be in pristine condition with any retail seals unbroken.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than:
(a)14 days after the day we receive back from you any goods supplied; or
(b)(if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c)if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You will have to bear the direct cost of returning the goods.
What should I do if I receive an incorrect item?
We have high standards when it comes to packaging your order however mistakes, do occur from time to time. Please accept our apologies if you have received an incorrect item. As part of our customer objectives, we will do our upmost to resolve your query with speed, ease and with absolute minimal inconvenience. We will review each case individually when considering the return of the product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible.
What should I do if my item is damaged?
Although we take care to prevent any damage to your goods during transit it is possible that problems may arise. Please accept our apologies if you have received a damaged item. We ask that you do not refuse delivery, instead accept the goods and contact us immediately. Refusal may actually result in a delay of the parcel being returned.
You can contact us by emailing our customer service team info@joespartsales.com. Please attach any pictures you have of the damage to the message. A member of our team will review the details and offer the best resolution to resolve your query.
How do I report a fault with my product?
Please accept our apologies if you believe there is a fault with your item, we take all complaints regarding the quality of our products seriously and we will need to investigate the reported fault in more detail. In order to do this we ask that you contact us by email. Please provide details of the fault and where possible attach pictures to your message.
How do I arrange a return?
Please contact our Customer Service team to arrange your return. We will need to know your order number, the item you want to return and the reason for return. Upon receipt of these details we will provide you with a unique returns authorization number and all the necessary information to arrange the return.
Please package the item securely and ensure our returns form is included inside. You will need to obtain a proof of postage receipt when you send your item to us. Proof of postage does not cost anything but without it we may not be able to process your refund or replacement in the rare event that your item is lost in transit. If you request a replacement and the product is no longer available, we will process a refund back to the original account used to purchase the item.
Any item you have accepted and then returned is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the goods.
Will you refund my postage costs to return an item?
We are more than happy to refund postage costs to return an item where the return is required due to our error. For instance:
-If we sent you the wrong item
-If the item is damaged or faulty
We will not refund postage costs to return items which are unwanted or no longer required. These costs will need to be covered by you, again we recommend using a delivery service that insures you for the value of the goods. We will not refund postage costs to return any item due to reported damage or fault where no error was found in the testing process. Costs of posting the item back to you will depend on the item and will be communicated to you after the testing process has been completed.
Complaints
If you are not satisfied with the way in which we have handled the return or replacement of any item, we want to hear about this. Our aim is to resolve the matter for you and ask that you please contact our customer service representatives info@joespartsales.com.
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