Terms and Conditions
This website - http://www.certifit.com (the "Site") is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "Certifit.com", "Certifit®", "Certifit Auto Body Parts®", "we", "us", and "our" refer to Certifit, Inc., its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you may have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions.
This Site is operated by Certifit, Inc. We are a company incorporated in Utah and our principal place of business is located at 3160 South 925 West, Salt Lake City, Utah 84119-3316, USA. Shipment however, may be made from any of our warehouse locations in order to fulfill the order in a timely manner.
After placing an order, you will receive an email from us acknowledging that we have received your order (?Order Confirmation?). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the ?Shipping Confirmation?). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory. If we reject or cancel your order, we will attempt to notify you using the e-mail address you have given us with the order.
All prices are FOB our warehouse (with the cost of shipping added on at check-out). Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced or stated to be in stock. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product?s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Certifit collects and remits sales tax as required by U.S. Law for transactions in our stores and on Certifit.com unless you are otherwise exempt, and, if applicable, provide a valid exemption certificate to us prior to purchase. You agree to pay any taxes imposed on the goods purchased or tangible property provided by Certifit, and you authorize us to increase the amount we collect from you to reflect any and all assessments or increases in the sales of goods purchased.
We can ship to any UPS deliverable address in the United States. Please note that UPS does not ship to PO BOX addresses. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Shipping date estimates may appear on the shipping quotes page. Incorrect addresses will result in an address correction charge to you as imposed by UPS.
Please note that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound. Except as otherwise specifically set forth, delivery will be made F.O.B. Certifit's place of business with all shipping charges to be paid by you. Certifit assumes no liability in connection with shipment, nor shall any carrier be construed as an agent of Certifit. This means that the risk of loss and title for such items pass to you upon our tender of the item to the carrier. Delivery dates are estimates only and Certifit shall not be liable for any delay. You shall inspect the goods immediately upon their arrival and shall within ten days of their arrival give a written notice to Certifit of any claim of shortage or any claim that the goods do not conform to the terms of this Agreement. You expressly waive any rights you may have to revoke acceptance after such ten day period. All correspondence relating to damaged goods should be emailed to rma@certifit.com unless the damage resulted during shipping in which case claims should be made directly to the carrier.
All orders placed on this site are subject to product availability and will be shipped according to Certifit shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from the receipt of the shipping confirmation e-mail.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and the Terms and Conditions, the Terms and Conditions shall govern.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to ?fair dealing? under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail:
Copyright Agent
c/o Certifit, Inc.
3160 South 925 West
Salt Lake City, Utah 84119-3316
By e-mail:
customerservice@certifit.com
CERTIFIT.COM, Certifit Auto Body Parts®, Certifit® and other marks which may or may not be designated on the Site by a ??? ?®? ?SM? or other similar designation, are registered, pending or unregistered trademarks or service marks of Certifit, Inc., in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Certifit, Inc.. Certifit, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Certifit, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Certifit, Inc. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Certifit, Inc.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior 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) of Certifit, Inc. or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through ?My Account? and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under ?My Account? or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the ?My Account? area of the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
The Site is provided on an "AS IS," "as available" basis. Neither Certifit, Inc., nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Certifit, Inc., nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site. Further, Certifit, Inc. makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Certifit, Inc. or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site or the purchase or use of Products from us, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion or corruption of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Certifit, Inc. records, programs or services. The foregoing limitation of liability shall apply in any action (at law or in equity), including but not limited to contract, negligence, or other tortious action, even if an authorized representative of Certifit, Inc. has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Subject to the exclusions and limitations below, Certifit, Inc. (?Certifit?) warrants to the original consumer purchaser that the product purchased from Certifit: a) is free of defects in materials and workmanship and meets accepted standards for replacement parts at the time of purchase and for a period of thirty (30) days thereafter; b) will, at the time of purchase and for a period of thirty (30) days thereafter, fit (when properly installed for the use such product was manufactured for) and require only the customary time for installation; and c) if an outer body product, will not rust-through for the lifetime of the vehicle while owned by the original consumer purchaser. The time periods set forth separately in each of parts a), b) and c) in the previous sentence shall be considered the respective ?Warranty Period?. During the Warranty Period, Certifit will refund, repair, or replace, at the option of Certifit, without charge to the original consumer purchaser, any product that fails to comply with the foregoing express warranty.
Prior to any refund, repair, or replacement, the original consumer purchaser must first receive written authorization from Certifit by emailing us at rma@certifit.com or writing to us at 3160 South 925 West, Salt Lake City, Utah 84119-3316, Attention: Customer Service Department and by providing a sales receipt or other documentary proof of purchase. Cost of mailing, shipping or otherwise transporting such part to Certifit is the responsibility of the original consumer purchaser unless we agree otherwise as part of the RMA process (see below).
This express warranty does not cover labor and other incidental expenses for removal, preparation, painting or reinstallation of the product. This express warranty will not apply to any product that is or was: a) not installed properly; b) damaged during shipping; c) not used under normal conditions or in accordance with its labels or written instructions; d) misused, abused or altered in any manner; e) damaged by casualty, collision, fault or negligence of any person or entity other that Certifit; or f) installed without proper sealer, undercoating or paint.
THIS EXPRESS WARRANTY DOES NOT EXTEND TO CHROME BUMPERS OR TO TRANSFEREES. Certifit specifically disclaims all implied warranties and, in such states where such disclaimer is not permitted, limits the duration of any implied warranty to the Warranty Period covered by the express limited warranty above.
We will gladly accept returns that are in original condition, in original packaging and are accompanied by the original receipt for a full refund of the purchase price but may decline all other returns.
We will give you a 100% refund and cover the return shipping costs if the return is a result of our error (i.e., you received an incorrect or defective item, etc.). Return of any item must receive prior authorization in the form of a Return Merchandise Authorization (?RMA?) from Certifit. Claims for damage or lost items incurred during shipping shall be filed by you with the freight company and not with us.
All returns must be received during the Warranty Period. The refund amount shall be the invoiced amount less any shipping and handling fees (unless shipped in error). Certifit reserves the right to evaluate all returns and its decisions concerning damage assessment shall be conclusive. All items purchased from Certifit, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our tender of the item to the carrier.
RMA Process:
Order Limitations/Limited Quantities
Certifit may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Certifit also reserves the right to reject any order you place with us. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided to us at the time the order was made. Certifit reserves the right to limit or prohibit sales to dealers.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to post any paid endorsement, unless it is approved in advance by Certifit and your material connection to the advertising entity is fully disclosed. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Certifit, Inc., its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Certifit, Inc. or any third party. Notwithstanding the foregoing, neither Certifit, Inc. nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Certifit, Inc., nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Extra precautions must be taken when handling metal or plastic parts. Please take the necessary precautions to avoid injury. We accept no responsibility for injury incurred while using or handling parts.
We strive to obtain the highest quality replacement parts available from non-OEM sources at the lowest reasonable prices. All manufacturer?s names, numbers, symbols and descriptions are used for reference purposes only, and it is not implied that any part listed on this website is the product of or approved by any of these manufacturers.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
You agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Certifit, Inc. and/or its Associates.
Any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy Policy, to our advertising or solicitation practices, to warranty claims or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate Certifit, Inc.'s intellectual property rights, Certifit, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted in accordance with the provisions of this paragraph and the Utah Arbitration Act, Title 78B, Chapter 11 of the Utah Code. You must notify us in writing by certified mail within the times set forth by statute for filing a civil claim of your desire to have the claim resolved by arbitration. Upon notice of a timely civil claim, the parties will agree upon an arbitrator or, if unable to agree, will seek court appointment of an arbitrator pursuant to the Utah Arbitration Act, Utah Code Ann. § 78B-11-112. The court will appoint an arbitrator certified under the Utah Alternative Dispute Resolution Providers Certification Act, Title 58, Chapter 39a of the Utah Code.
Any party to the arbitration may be represented by counsel. The losing party shall pay all of the costs and expenses of such arbitration, and the counsel fees and expenses of the other party, including the expenses of witnesses. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Issues of procedure, arbitrability, appeal, or confirmation of award shall be governed by the Utah Arbitration Act, Utah Code Ann. § 78B-11-101 to 131.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Please review our other policies, such as our Privacy Policy, Returns and Exchanges Policy, Shipping Policy and others, all of which are included herein or are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions 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.
These Terms and Conditions were last revised and made effective as of August 5, 2010.
Entering the Site will constitute your acceptance of these Terms and Conditions.
ABOUT US
This Site is operated by Certifit, Inc. We are a company incorporated in Utah and our principal place of business is located at 3160 South 925 West, Salt Lake City, Utah 84119-3316, USA. Shipment however, may be made from any of our warehouse locations in order to fulfill the order in a timely manner.
HOW TO ORDER THROUGH THE SITE
After placing an order, you will receive an email from us acknowledging that we have received your order (?Order Confirmation?). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the ?Shipping Confirmation?). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory. If we reject or cancel your order, we will attempt to notify you using the e-mail address you have given us with the order.
PRICES AND AVAILABILITY OF PRODUCTS
All prices are FOB our warehouse (with the cost of shipping added on at check-out). Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced or stated to be in stock. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product?s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
SALES TAX POLICY
Certifit collects and remits sales tax as required by U.S. Law for transactions in our stores and on Certifit.com unless you are otherwise exempt, and, if applicable, provide a valid exemption certificate to us prior to purchase. You agree to pay any taxes imposed on the goods purchased or tangible property provided by Certifit, and you authorize us to increase the amount we collect from you to reflect any and all assessments or increases in the sales of goods purchased.
SHIPPING
We can ship to any UPS deliverable address in the United States. Please note that UPS does not ship to PO BOX addresses. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Shipping date estimates may appear on the shipping quotes page. Incorrect addresses will result in an address correction charge to you as imposed by UPS.
Please note that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound. Except as otherwise specifically set forth, delivery will be made F.O.B. Certifit's place of business with all shipping charges to be paid by you. Certifit assumes no liability in connection with shipment, nor shall any carrier be construed as an agent of Certifit. This means that the risk of loss and title for such items pass to you upon our tender of the item to the carrier. Delivery dates are estimates only and Certifit shall not be liable for any delay. You shall inspect the goods immediately upon their arrival and shall within ten days of their arrival give a written notice to Certifit of any claim of shortage or any claim that the goods do not conform to the terms of this Agreement. You expressly waive any rights you may have to revoke acceptance after such ten day period. All correspondence relating to damaged goods should be emailed to rma@certifit.com unless the damage resulted during shipping in which case claims should be made directly to the carrier.
All orders placed on this site are subject to product availability and will be shipped according to Certifit shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from the receipt of the shipping confirmation e-mail.
DISCRIMINATION
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and the Terms and Conditions, the Terms and Conditions shall govern.
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to ?fair dealing? under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail:
Copyright Agent
c/o Certifit, Inc.
3160 South 925 West
Salt Lake City, Utah 84119-3316
By e-mail:
customerservice@certifit.com
TRADEMARKS
CERTIFIT.COM, Certifit Auto Body Parts®, Certifit® and other marks which may or may not be designated on the Site by a ??? ?®? ?SM? or other similar designation, are registered, pending or unregistered trademarks or service marks of Certifit, Inc., in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Certifit, Inc.. Certifit, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Certifit, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Certifit, Inc. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Certifit, Inc.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior 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) of Certifit, Inc. or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through ?My Account? and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under ?My Account? or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the ?My Account? area of the Site.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
LINKS
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither Certifit, Inc., nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Certifit, Inc., nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site. Further, Certifit, Inc. makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Certifit, Inc. or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site or the purchase or use of Products from us, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion or corruption of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Certifit, Inc. records, programs or services. The foregoing limitation of liability shall apply in any action (at law or in equity), including but not limited to contract, negligence, or other tortious action, even if an authorized representative of Certifit, Inc. has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
LIMITED WARRANTY
Subject to the exclusions and limitations below, Certifit, Inc. (?Certifit?) warrants to the original consumer purchaser that the product purchased from Certifit: a) is free of defects in materials and workmanship and meets accepted standards for replacement parts at the time of purchase and for a period of thirty (30) days thereafter; b) will, at the time of purchase and for a period of thirty (30) days thereafter, fit (when properly installed for the use such product was manufactured for) and require only the customary time for installation; and c) if an outer body product, will not rust-through for the lifetime of the vehicle while owned by the original consumer purchaser. The time periods set forth separately in each of parts a), b) and c) in the previous sentence shall be considered the respective ?Warranty Period?. During the Warranty Period, Certifit will refund, repair, or replace, at the option of Certifit, without charge to the original consumer purchaser, any product that fails to comply with the foregoing express warranty.
Prior to any refund, repair, or replacement, the original consumer purchaser must first receive written authorization from Certifit by emailing us at rma@certifit.com or writing to us at 3160 South 925 West, Salt Lake City, Utah 84119-3316, Attention: Customer Service Department and by providing a sales receipt or other documentary proof of purchase. Cost of mailing, shipping or otherwise transporting such part to Certifit is the responsibility of the original consumer purchaser unless we agree otherwise as part of the RMA process (see below).
This express warranty does not cover labor and other incidental expenses for removal, preparation, painting or reinstallation of the product. This express warranty will not apply to any product that is or was: a) not installed properly; b) damaged during shipping; c) not used under normal conditions or in accordance with its labels or written instructions; d) misused, abused or altered in any manner; e) damaged by casualty, collision, fault or negligence of any person or entity other that Certifit; or f) installed without proper sealer, undercoating or paint.
THIS EXPRESS WARRANTY DOES NOT EXTEND TO CHROME BUMPERS OR TO TRANSFEREES. Certifit specifically disclaims all implied warranties and, in such states where such disclaimer is not permitted, limits the duration of any implied warranty to the Warranty Period covered by the express limited warranty above.
RETURNS AND EXCHANGES
We will gladly accept returns that are in original condition, in original packaging and are accompanied by the original receipt for a full refund of the purchase price but may decline all other returns.
We will give you a 100% refund and cover the return shipping costs if the return is a result of our error (i.e., you received an incorrect or defective item, etc.). Return of any item must receive prior authorization in the form of a Return Merchandise Authorization (?RMA?) from Certifit. Claims for damage or lost items incurred during shipping shall be filed by you with the freight company and not with us.
All returns must be received during the Warranty Period. The refund amount shall be the invoiced amount less any shipping and handling fees (unless shipped in error). Certifit reserves the right to evaluate all returns and its decisions concerning damage assessment shall be conclusive. All items purchased from Certifit, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our tender of the item to the carrier.
RMA Process:
- Email a request with your name, phone number, reason for returning product, and date of purchase to rma@certifit.com.
- Your RMA request will be processed by Certifit.
- If the RMA is approved, you will be sent an email with an RMA number and return instructions.
- Follow the return instructions carefully.
- Certifit will notify you via email once we have received and processed your returned item.
- Certifit will credit your credit card with the refund amount less any shipping and handling fees (unless the shipping error was ours) within one week of acceptance of returned item.
Order Limitations/Limited Quantities
Certifit may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Certifit also reserves the right to reject any order you place with us. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided to us at the time the order was made. Certifit reserves the right to limit or prohibit sales to dealers.
ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to post any paid endorsement, unless it is approved in advance by Certifit and your material connection to the advertising entity is fully disclosed. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Certifit, Inc., its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Certifit, Inc. or any third party. Notwithstanding the foregoing, neither Certifit, Inc. nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Certifit, Inc., nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
ADDITIONAL INFORMATION
Extra precautions must be taken when handling metal or plastic parts. Please take the necessary precautions to avoid injury. We accept no responsibility for injury incurred while using or handling parts.
We strive to obtain the highest quality replacement parts available from non-OEM sources at the lowest reasonable prices. All manufacturer?s names, numbers, symbols and descriptions are used for reference purposes only, and it is not implied that any part listed on this website is the product of or approved by any of these manufacturers.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
APPLICABLE LAW
You agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Certifit, Inc. and/or its Associates.
DISPUTES
Any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy Policy, to our advertising or solicitation practices, to warranty claims or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate Certifit, Inc.'s intellectual property rights, Certifit, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted in accordance with the provisions of this paragraph and the Utah Arbitration Act, Title 78B, Chapter 11 of the Utah Code. You must notify us in writing by certified mail within the times set forth by statute for filing a civil claim of your desire to have the claim resolved by arbitration. Upon notice of a timely civil claim, the parties will agree upon an arbitrator or, if unable to agree, will seek court appointment of an arbitrator pursuant to the Utah Arbitration Act, Utah Code Ann. § 78B-11-112. The court will appoint an arbitrator certified under the Utah Alternative Dispute Resolution Providers Certification Act, Title 58, Chapter 39a of the Utah Code.
Any party to the arbitration may be represented by counsel. The losing party shall pay all of the costs and expenses of such arbitration, and the counsel fees and expenses of the other party, including the expenses of witnesses. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Issues of procedure, arbitrability, appeal, or confirmation of award shall be governed by the Utah Arbitration Act, Utah Code Ann. § 78B-11-101 to 131.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, Returns and Exchanges Policy, Shipping Policy and others, all of which are included herein or are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions 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.
These Terms and Conditions were last revised and made effective as of August 5, 2010.