Last updated: March 01, 2023

Please read these terms and conditions carefully before using the https://tuff-wheels.com website and purchasing products from Tuff® Wheels.

Introduction

This website is owned and operated by Tuff® Wheels. By visiting our website and purchasing our products, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our website or purchase our products.

These terms cover areas including:

• Placement of orders
• Prices and payment
• Delivery
• Returns and refunds
• Account registration
• User content and conduct
• Copyright and trademarks
• Disclaimer of warranties
• Limitation of liability
• Indemnification
• Termination
• Dispute resolution
• Changes to terms
• Assignment

You understand and confirm that you are legally capable of entering, performing, and adhering to these terms. If you make a purchase or use our website in the name of an organization or company, you warrant that you have the legal authority to bind the organization or company to these terms.

Order Placement

You agree that all details provided by you for purchasing our products are accurate and complete. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

Only authorized users who have registered accounts with us may place orders on our website. One account per individual or organization.

All product images, descriptions, prices, and availability are subject to change at any time without notice. Prices prevailing at commencement of placing the order will apply.

The product will be delivered based on availability. We may reach out for additional information or instructions from you concerning order details if required.

Taxes and shipping costs, if applicable, are additional to the base price of the products. You are responsible for paying any taxes, customs duties or import fees as required by your jurisdiction.

We may require submitting valid documentation proving eligibility to receive goods into your location. This documentation must be provided within 7 days of request – failure can lead to order cancellation and forfeiture of payments.

Prices and Payment

All prices are listed in U.S. dollars. We make reasonable efforts to ensure they are current. In the unlikely event of an incorrect price, we will notify you promptly and you will have the choice to proceed with the order at the correct price or cancel with full refund.

The valid price is the price prevailing at the time the order is placed. If you find a product available elsewhere at a lower price, please reach out to us – we are happy to match prices whenever possible.

We accept all major credit cards and PayPal. You represent that you are authorized to use the payment method provided.

To complete payment, we will be transferring your payment data to our payment service provider over a secured connection. Card transactions are processed by reputable third party processors who assume PCI compliance obligations on our behalf.

No charges will be incurred without your consent. Your payment method will be billed once the order is processed by us for fulfillment.

Delivery

We will try our best to deliver your order on time – delays can happen due to unforeseen reasons. We will notify you if we expect delays beyond our estimated delivery dates.

Title and risk of loss transfers to you once the product is shipped by us to the carrier. We are not liable for failed delivery due to providing incorrect address information.

Each order ships separately unless indicated differently during checkout. We will send shipment notifications and tracking information as soon as available.

Shipping costs are clearly displayed during checkout based on weight, dimensions and destination details. You agree to pay the applicable charges.

If you receive a damaged product due to mishandling during transit, refuse delivery and notify us promptly. We will work with the carrier to determine liability and if applicable, ship a replacement item upon completion of required procedures.

Returns and Refunds

If you are dissatisfied with the product for any reason, you can return it to us within 30 days of receipt for a full refund. Please email us to obtain an RMA number if you wish to return.

Items must be returned in original condition with proof-of-purchase, such as packing slip or invoice. We recommend using a trackable shipping method to send your returns.

Upon receiving and inspecting the return, we will process refunds within 7-14 days. Refunds are made in the original payment form (except cash).

Please note any customized or made-to-order products are non-refundable. We also do not accept returns with any indications of wear and tear or damage.

Account Registration

You have the option to register and create an account with us. Registration helps streamline future transactions and offers a personalized browsing experience.

You confirm all information provided during registration or account creation is current and accurate. We reserve the right to suspend or cancel accounts if any information is inaccurate, false or misleading.

You are responsible for maintaining account security by protecting login credentials. We will assume any person accessing your account is authorized by you to conduct transactions.

You must notify us immediately if you are aware of or suspect unauthorized use, loss of credentials, or breach of account security. We are not liable for damages arising from failure to safeguard account security.

User Content and Conduct

If our website allows posting content or reviews, you are permitted to do so freely, as long as the following policies are adhered to:

• You confirm ownership of intellectual property rights over any user content you share on our site.
• No uploading or sharing content that is illegal, abusive, defamatory or obscene.
• Do not infringe rights of third parties including privacy, intellectual property, trade secrets, etc.
• Do not upload any viruses, corrupted data or other malicious software that may damage our website.
• Avoid promoting any Ponzi schemes, chain letters, market manipulation, suppressive person lists, etc.
• Do not impersonate other individuals or manipulate identifiers to disguise identity.

We reserve the right to remove any offending content without notice at our sole discretion.

Copyright and Trademarks

All content present on our website is either owned by us or used with explicit permission from the content owner.

Using or copying content without authorization is illegal and we reserve the right to prosecute infringers to the full extent of the law.

Our name, logo, trademarks, and service marks may not be used in connection with any product or service in any manner likely to cause confusion. All pages on this site displaying trademarks, branding or logos are existing under license or with consent.

If you believe your work has been reproduced on our site in a way that constitutes copyright infringement, please notify us immediately.

Disclaimer of Warranties

We make reasonable efforts to ensure all product descriptions, prices, availability and related information on our website is correct and up-to-date. Please reach out if you find any discrepancies.

The products are provided on an ‘as is’ and ‘as available’ basis. We do not provide any warranties, express or implied regarding the usability, suitability, availability, accuracy or completeness of the products.

We disclaim warranties of merchantability, non-infringement and fitness for particular purpose to the maximum extent permitted by law.

The representations in our website are for informational purposes only. We make no warranties concerning any product or service, unless explicitly made in writing. We are not liable for any inaccuracies, errors, omissions, sharing, alteration of content or loss arising from use of our site.

Limitation of Liability

We will not be liable for any indirect, consequential, exemplary, special or punitive damages arising from your use of the website or products, even if we were advised of the possibility of such loss.

Our total liability arising from or relating to use of the website or products will not exceed the total fees you paid to us over the last 12 months.

Certain jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. The limitations also do not affect your statutory rights as a consumer.

Indemnification

As a condition of use, you agree to indemnify us from and against any third-party claims, actions, proceedings, and investigations brought against us related to or in connection with your use of our website or any violation of these terms.

You agree to cover all our legal costs and damages arising from such claims. We reserve the right to assume exclusive defense and control any matter otherwise subject to indemnification by you.

Termination

We reserve the right to refuse service or terminate accounts if you violate these Terms, with reasonable explanation provided through email.

Provisions that should survive termination of contract for any reason will continue to remain in effect post termination. For instance, provisions regarding ownership of intellectual property rights, limitations of liability, indemnification, and binding arbitration shall survive termination.

Dispute Resolution

We will try our level best to resolve any disagreements that arise between us. Please reach out to our customer support team to lodge a formal complaint if required.

If an amicable resolution does not seem possible through our internal grievance redressal mechanism within reasonable time, we agree to resolve the dispute through third party mediation. We will make good faith efforts to appoint an independent mediator acceptable to both parties. If mediator cannot resolve the dispute, it will be taken to arbitration.

For expedited dispute resolution, especially for claims under $5000, you may also choose to file a claim on the American Arbitration Association (AAA) website, currently www.adr.org. We hereby agree to participate in good faith efforts to resolve the dispute as per AAA Commercial Arbitration Rules.

The arbitration will be held in the English language in Sacramento, California, governed by California law without regard to principles of conflicts of law. The arbitrator will have powers to award interim relief, grant specific performance, and award compensatory damages, provided award shall not exceed the limitations set forth in this agreement.

Governing Law and Jurisdiction

These terms are governed by the laws of the State of California and the United States. The courts in Sacramento, California shall have exclusive jurisdiction over disputes arising from or related to these terms or use of our website and services.

We make no representation that our website or services are appropriate, legal or available for use outside of United States. Accessing the services is done at your own initiative and you are responsible for compliance with all applicable laws.

Changes to Terms

We may update these terms periodically as required by new policies or regulations. Continued use of our website implies agreeing to the latest terms. Please check periodically for changes.

If we decide to materially change the terms in a way that reduces your rights, we will notify you via email. You will have the choice to terminate the contract and get a prorated refund before the new terms take effect.

Assignment

You may not assign, transfer or delegate this agreement and the rights and obligations stipulated without express written consent from us.

We reserve the right to assign this agreement to any successor in the event of merger, acquisition, bankruptcy or sale of majority of our assets related to this business.

Severability

If any part of these terms is deemed invalid or unenforceable by applicable law, it shall be severed from this agreement while retaining remaining provisions in full force. Our failure to enforce any provision of these terms will not constitute a waiver of our rights to subsequently enforce such provision.

Contact Us

Please feel free to reach out if you have any questions about these terms and conditions. Contact us at:

Email: [email protected]

Phone: 209-861-2910

Address:
Tuff® Wheels
446 Center Avenue, Fresno, CA

We will make best efforts to respond to your query in a swift and satisfactory manner.