Terms of Use

TERMS OF USE AGREEMENT

The following describes the terms on which you may have access to TailLightsMania.com. This Agreement (this “Agreement”) by and between TailLightsMania.com (“TailLightsMania.com”) and the person or entity identified above as the Applicant/Buyer (“Buyer”) is entered into and effective on the date of approval of the TailLightsMania.com dealer application (the “membership”). This Agreement does and shall continue to govern, regulate and control the dealings and transactions between the parties hereto with respect to all purchases by or on behalf of Buyer of goods (including future goods) sold and to be sold by TailLightsMania.com.

Foundation

TailLightsMania.com is a copyrighted and registered website, the owner of TailLightsMania.com is MegaWonder Inc.  From Herein, MegaWonder Inc. and TailLightsMania.com website will be referred as “TailLightsMania.com”

Reservation

All information and pictures on the website of “TailLightsMania.com” is reserved. All finished product that is shipped to a purchaser is reserved and copyrighted. Any duplication, copying, distribution of TailLightsMania.com without a written consent is illegal, and charges will be filed towards the violator(s).

Customer Security

Customer(s), users and/or members of TailLightsMania.com must agree to all the Terms and Conditions before using any services provided by TailLightsMania.com

Pictures

All pictures may not represent the actual product, the pictures are for advertising purposes only.

Information Policies

Information regarding availability of products, prices, phone numbers, emails, etc., are subject to change without notice at all times. Charges, and policies may be changed by TailLightsMania.com at its sole discretion.

Order Procedure

All orders by Buyer for goods from TailLightsMania.com in any form (collectively “Purchase orders”) shall be subject to acceptance by TailLightsMania.com, and be governed by this statement of Terms and Conditions of Sale. TailLightsMania.com may accept a Purchase Order in whole or in part by delivering a written acceptance to Buyer or by commencing performance, including setting aside, shipping or delivering some or all of the goods that are the subject of the Purchase Order. TailLightsMania.com’s acceptance may be conditioned in such manner as TailLightsMania.com may specify. If TailLightsMania.com accepts a Purchase Order only in part, or is willing or able to deliver only a portion of the goods ordered, the Purchase Order shall be effective and deemed to be modified to accommodate that portion of the goods originally specified therein. Any and all terms and conditions noted on any written Purchase Order from Buyer that are inconsistent with the terms and conditions as set forth herein shall be void unless specifically agreed to in writing by TailLightsMania.com.

Prices

Buyer may view the most up to date pricing on the TailLightsMania.com website (www.TailLightsMania.com.com), the prices listed for the buyer is under the Your Price (“Confidential Price Quotation”). In addition, Buyer may receive from time to time TailLightsMania.com’s suggested retail price (MSRP) for the goods being sold by TailLightsMania.com to Buyer pursuant hereto. Buyer’s delivery of a Purchase Order to TailLightsMania.com shall constitute Buyer’s acceptance of the Confidential Price Quotation. The Confidential Price Quotation and MSRP are to be considered proprietary information between Buyer and TailLightsMania.com, and Buyer expressly covenants to maintain the confidentiality of the Confidential Price Quotation and MSRP. Prices and MSRPs quoted by TailLightsMania.com are subject to change at any time and from time to time in TailLightsMania.com’s sole and absolute discretion and without prior notice.

Payment

TailLightsMania.com’s payment terms are that prepayment must be made for all goods.  This is because each product is special ordered. We will accept Visa, MasterCard, Discover, American Express and PayPal payment methods only.

Shipment

TailLightsMania.com ships products using a flat rate fee. The flat rate is specified per each product on the website accordingly. International shipping flat rate is calculated during the check out process. It is TailLightsMania.com’s policy to advise of changes to its shipment and delivery policies at least 30 days prior to their implementation. However, TailLightsMania.com reserves the right to change those policies at any time and from time to time in TailLightsMania.com’s sole discretion and without prior notice. TailLightsMania.com shall retain the right to select and designate freight carriers on shipments for which it pays freight charges. On orders shipped F.O.B. TailLightsMania.com’s warehouse, and for which Buyer bears responsibility for freight charges, Buyer may select the carrier. Shipments of $300 or less may be subject to an additional handling surcharge.

All shipments are sent with full insurance coverage. TailLightsMania.com ships all orders in perfect condition and is not responsible for any damage that may occur during shipment.  TailLightsMania.com shall not be responsible for any late shipments. All shipping dates are given as approximate. Buyer shall not be entitled to charge-back, reductions of price, or other offsets as result of late shipment or failure to deliver in estimated time of delivery. Please inspect the contents of your order BEFORE signing the delivery receipt. Any damages should be noted by the driver on your copy of the delivery receipt and you must make an insurance claim with the shipping carrier to recover damages/loss of shipments. You agree not to refuse shipments for any reason. Refused shipments will be subject to additional shipping charges before replacement items are sent.

Warranties; Limitation of Liability

Unless otherwise specified, TailLightsMania.com product lines carry a Limited Lifetime Warranty. TailLightsMania.com warrants that all of its brand and private label products shall be free of defects in material and/or workmanship for as long as they shall have been and shall remain properly installed on the vehicle for which they were originally purchased. This warranty does not extend to products, which are, by nature, subject to varying degrees of use and wear. This warranty applies to only those products that shall have been installed to accepted industry standards by a recognized professional service dealer. Subsequent repair or replacement claims must receive approval from TailLightsMania.com prior to commencement of work. The warranty does not extend to instances of incorrect installation, or damage resulting from collision, negligence, misuse or alteration. TailLightsMania.com’s liability extends only to the repair or, in TailLightsMania.com’s discretion, replacement of the defective product, but does not cover any ancillary damage or labor costs. Any TailLightsMania.com product found to be defective shall be repaired or replaced through its original supplying distributor, accompanied by original purchase receipt.  TailLightsMania.com shall not be held liable for any indirect, incidental, or consequential damage of any kind or nature (including without limitation losses of profits, revenues, customer relationships or business opportunities) arising out of or related to any delay in delivery of, or failure of or with respect to, goods sold or shipped or any other performance or nonperformance, whether or not such damage is a direct result of the failure of TailLightsMania.com’s product. Customer hereby waives any and all implied warranties with respect to TailLightsMania.com’s products.

Warranty from third party brands that TailLightsMania.com resells through supplier distribution does not apply to the above warranty. Warranty by non-TailLightsMania.com brand/private labeled products will be handled directly by the direct appropriate manufacturer.

Inspection

Buyer shall inspect and reconcile all inbound shipments from TailLightsMania.com within seven (7) working days. Claims for shortages or damaged merchandise must be submitted to TailLightsMania.com no more than ten (10) working days following Buyer’s receipt of shipment.

Returns; Defective and Damaged Merchandise

Defective and freight damaged merchandise (but only where TailLightsMania.com is providing shipment) may be returned to TailLightsMania.com for full credit, but only upon verification by TailLightsMania.com of such defect or damage. A Returned Merchandise Authorization (“RMA”) form must be filled out by the Buyer and Approved by TailLightsMania.com. Credit will be issued to Buyer upon receipt of the RMA form and the claim approval from the freight company.

Returns; Exchanges; Good Merchandise

Returns of good merchandise may be accepted by TailLightsMania.com in its sole discretion under the following conditions:

1. Return/Exchange of merchandise in totally re-saleable condition, without markings on the original packaging will be restricted to extraordinary circumstances with prior approval from TailLightsMania.com. Accepted return will be assessed a 30% restocking charge.          

2. Return/Exchange of merchandise in packaging that has been marked, relabeled or otherwise defaced will be restricted to extraordinary circumstances with prior approval from TailLightsMania.com. Accepted return will be assessed a 40% or higher restocking charge.

3. Merchandise classified by TailLightsMania.com as TB (To Be Discontinued), or DC (Discontinued), may not be returned for credit.

4. Merchandise on sales promotion or inventory packages may not be returned for credit.

5. Buyer must pay all return transportation charges.

6.  All shipments are sent with full insurance coverage. TailLightsMania.com ships all orders in perfect condition and is not responsible for any damage that may occur during shipment.  TailLightsMania.com shall not be responsible for any late shipments. All shipping dates are given as approximate. Buyer shall not be entitled to charge-back, reductions of price, or other offsets as result of late shipment or failure to deliver in estimated time of delivery. Please inspect the contents of your order BEFORE signing the delivery receipt. Any damages should be noted by the driver on your copy of the delivery receipt and you must make an insurance claim with the shipping carrier to recover damages/loss of shipments. You agree not to refuse shipments for any reason. Refused shipments will be subject to additional shipping charges before replacement items are sent.

7. Buyer must obtain and complete an RMA form, issued by TailLightsMania.com, for any good merchandise return or exchanges.

8. Returns/Exchanges will not be accepted under any circumstances after 30 calendar days after the ship date indicated by TailLightsMania.com.

9. Any returns for non-fitment or quality issues will require high quality digital pictures of the products to be emailed to the account manager before an RMA is approved.

10. Order cancellations will take up to 48 hours after a cancellation is requested before the order is officially cancelled and money processed for return.

End Consumer Warranty; Complaints

Any warranty or complaint issues between the end consumer and the Buyer must be handled and taken care of by the Buyer.

User and Member Information

TailLightsMania.com owns any information you provide through your use of the website, including any information regarding your use of the Internet and the website. Subject to the terms of our Privacy Policy, TailLightsMania.com reserves the right to reproduce and use such information for its own marketing or other purposes. Such information will not be sold or otherwise provided to any third party without your consent.

Indemnification

You agree to indemnify, defend and hold harmless TailLightsMania.com and any others involved in creating the website, any Content from and against any and all claims, actions, liabilities, costs and expenses arising out of (a) your breach of any provision of this Agreement; (b) your breach of any representation or warranty you provide herein; (c) your posting/processing on the website (d) your use of the website and the services. (e) otherwise arising in any way out of your use of the website and the services. You shall cooperate fully in any defense of such claim. TailLightsMania.com reserves the right to take exclusive control over the defense of any such claim.

Trademark

All trademarks, service marks and trade names appearing on this website are the property of their respective owners.

Links to Third Party Websites

This website may include links to other Internet websites. By providing such links, TailLightsMania.com does not recommend and is not liable for any such websites or any content, information, advice, products, services or prices therefore contained on or accessible through such websites. Your access and use of any such third party websites and their content, information, advice, products or services is solely at your own risk. You agree that TailLightsMania.com will not be liable or responsible for any such third party websites or their content, information, advice, products, services or any price, price discrepancy or price change therefore.

Web Content Disclaimer

You expressly agree that your use of the website, content, the services is at your sole risk. the website, content and services are provided “as is,” without warranty of any kind, and TailLightsMania.com expressly disclaims all warranties, express and implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or infringement. TailLightsMania.com does not guarantee the accuracy of any information provided on the website, or warrant that the functions available on the website will meet your requirements, or that operation of the website will be accurate, uninterrupted or error-free. TailLightsMania.com is not liable for any loss, damage, or deletion of any user information or files stored on or transmitted to or from the website.

Limitation of Liability

TailLightsMania.com shall not have any liability for any losses or damages, whether direct, indirect, incidental or consequential, and whether arising in tort (including negligence), product liability, contract or otherwise, arising as a result of: (a) this agreement; (b) your use of the website, content, services or any private or public gallery; or (c) unavailability, inaccuracy, loss or deletion of the website, content, services or any private or public gallery (including without limitation, loss of profits, business interruption, inability to use the website, content, services or any private or public gallery, data loss, computer failure or malfunction, or any other pecuniary loss), even if you have notified TailLightsMania.com in advance of the possibility of such damage.

Attorney’s Fees and Costs

In the event that any Invoice from TailLightsMania.com or obligation of Buyer hereunder or under any Purchase Order is not paid in full as and when due, and TailLightsMania.com engages counsel with respect thereto, whether or not TailLightsMania.com prosecutes any action or proceeding in connection therewith, or TailLightsMania.com takes any other actions in connection with enforcement any provision hereof, or Buyer is or becomes the subject of a bankruptcy proceeding or other action or proceeding related to protection from creditors, the prevailing party in such actions or proceedings shall, in addition to any other recovery which may be awarded, be entitled to recover all attorneys’ fees and costs paid or incurred by it in connection therewith. Notwithstanding the foregoing Buyer shall pay all of TailLightsMania.com’s costs and expenses, including attorneys’ fees, of or related to collection and enforcement of Buyer’s obligations hereunder or in connection with any Purchase Order, that Buyer does not pay or perform when due.

Termination

TailLightsMania.com reserves the right to terminate this Agreement at any time for any reason whatsoever and to revoke any transactions on in TailLightsMania.com and your access to the website, Content, services without prior notice to you.

Applicable Law and Consent to Jurisdiction

These Terms of Sale are and shall be deemed made and to be performed in the State of New York, and are and shall be governed by the laws of the State of New York. By delivering the Purchase Order to TailLightsMania.com, Buyer agrees to be subject to, and does hereby submit himself, herself or itself to the personal jurisdiction of the courts of the State of New York, including but not limited to jurisdiction therein by virtue of the New York Long Arm Statute, and waives any right Buyer may have to assert that another forum would be more convenient for the prosecution or defense of any claim asserted with respect to such Purchase Order or these Terms of Sale.

Minimum Advertising Price (MAP)

TailLightsMania.com products may not be sold below jobber pricing to the end consumer. The jobber price is the MAP (minimum advertising price).

Advertising by Fax/Email

Acceptance of this agreement constitutes Buyer’s acknowledgement and willingness to accept fax/email correspondences including, but not limited to new product advice and promotions. Such correspondences will be directed only to the fax number or email provided by the Buyer on the TailLightsMania.com website.

Shortened Statute of Limitations

You agree to file any cause of action arising out of or relating to this Agreement and your rights and obligations hereunder in Staten Island, New York, United States of America within one year after the cause of action arises. You agree that any action filed after this date is barred.

Right to Change Agreement

TailLightsMania.com reserves the right to change this Agreement at any time. TailLightsMania.com will post a notice of any change to this Agreement on the website. Your continued use of the website after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only TailLightsMania.com can modify the terms and conditions of this Agreement and/or the Credit Schedule.

Severability

If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms of Sale constitute the entire agreement between parties, supersede any other oral or written agreement that may have been entered into by the parties, and shall prevail over any conflicting or contradictory terms and conditions in any Purchase Order, acceptance, acknowledgment, or other standard forms used by the parties in performing these Terms of Sale, unless such conflicting or contradictory terms are in writing, acknowledged, signed and delivered by both TailLightsMania.com and Buyer.

The person executing this Agreement on behalf of Buyer, by so executing this Agreement, certifies to TailLightsMania.com that the foregoing information is true, complete and correct, and acknowledges that Buyer is supplying such information to TailLightsMania.com to induce TailLightsMania.com to accept Buyer’s credit and/or checks as payment for purchases by Buyer of goods from TailLightsMania.com. As part of Buyer’s obligation to provide the Bank References required by the Credit Application, Buyer also is required to fully complete and execute the annexed “Authorization for the Release of Banking and Account Information”, which follows this Agreement.

This Agreement shall be a legally binding contract between the parties upon the acceptance of the Buyer from TailLightsMania.com

 
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