Website Terms and Conditions – 1st March 2022
Thank you for visiting our website.
This website is owned by AGS Custom Parts, Čačak, Serbia (VAT 109652755) (“AGSCustomParts.com”).
In these Terms,
- ‘us’, ‘we’ and ‘our’ means AGSCustomParts.com and our related bodies corporate.
- ‘goods’ means all goods which are available for purchase through our website, as amended from time to time.
1. Your use of the Website
- You must be over 18 to register for and use this website.
- When completeng a purchase, you will provide us with confidential information including your name, email, and home address. By providing this information you agree that it is current and correct.
- We may, at any time at our sole discretion, revoke your purchase for any reason, including but not limited to, for breach of these Terms.
- You are solely responsible for all your activity and your communication within the website.
- You must not use the website for any of the following purposes, which we expressly prohibit:
- communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party;
- communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive;
- engaging in any conduct that would violate any law or regulation in any applicable jurisdiction; and
- attempting to interfere in any way with our sites or our network security or attempting to use the Site’s service to gain un-authorised access to any other computer system or network.
- We may, at our discretion and without prior notice:
- temporarily or permanently restrict your access to all or part of our website; or
- impose rules on your use of our website; or
- revoke your purchase; and
- you agree to waive and exclude all liability of AGSCustomParts.com for the exercise of our discretion.
- We reserve the right to change the website, and the goods and services available through the website, at our sole discretion, without liability to you or any third party.
- You may not use our goods for any illegal or unauthorised purpose nor may you, in the use of our services, violate any laws in your jurisdiction.
2. Products and Information
- Your use of the AGSCustomParts.com website is entirely at your own risk.
- Neither we or any third party whose information is contained on our website make any warranties or guarantees to its accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this website.
- By using this website, you acknowledge that we expressly exclude any liability that may arise.
- If we do come across any error or inaccuracies, we reserve the right to correct the error without any liability to you or any third parties.
- By using our website and purchasing goods through our website, you acknowledge that it is your responsibility to check the suitability of the goods prior to using them.
- You agree all information on this site is of general nature and is not intended to replace professional advice. All services and goods delivered to you through our website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind either express or implied and we do not warrant the accuracy, timeliness, non-infringement, merchantability or fitness for a particular purpose of the information available on or through our website, and to the maximum extent permitted by law, we expressly excludes all liability in relation to this.
- We reserve the right to, at our sole discretion, limit the amount of goods that are purchased by any user at any time and for any reason, that have been purchased through this website.
- By using our website, you acknowledge that any promotional and/or marketing material on the website – including all descriptions, images and photos of goods and other material, is not a direct representation of the goods to be sent to you.
- You accept that the goods you receive may appear different in visual appearance and packaging on the website, to the goods and packaging which you will receive.
3. Restricted Goods
- You must be 18 years of age or over to order any goods from this website.
- In some countries or States/Territories some goods sold through our website may be classified as restricted goods. It is your responsibility to make enquiries in your country of residence or States/Territory to ensure that you are appropriately licensed to obtain such goods and we do not make any representations regarding that and any classification. We take no responsibility for the loss of goods by seizure or like actions by shipping agents, couriers, border force, customs agents or similar entities due to the goods classification or interpretation.
4. Accuracy, completeness and timeliness of information
- The information on our website is not comprehensive and is intended to provide a summary of the subject matters covered.
- While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
- We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website.
- You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
- We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
5. Purchases and Cancellations
- All goods listed on our website may not be in stock or available within the time you require, and the listing or description does not constitute an offer to sell. Your order is an offer to buy which may not be accepted by us.
- You must review your order carefully before placing it. Once an order for the goods is confirmed and the price paid, we will not provide a refund of the price unless we cancel or we are unable to fulfill your order, in which case, we will provide a full refund of the whole or part of the price depending on the availability of the goods.
- We do not accept returns of individual goods unless agreed by both parties. All goods are checked before they are shipped, and while we endeavor to ensure that the product will be delivered to you in a good condition, they could possibly be damaged during shipment and delivery.
- It is up to our discretion as to whether to replace the product and we will make the decision based on pictures which show the damage to the goods. You may have to cover the cost of the damaged goods to be returned to our address.
- When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of your order.
- A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the receipt of payment e-mail will be included in the contract.
- No provision has been made for import duties. Excise costs, taxes or other federal or state costs and will be to the buyers account. AGSCustomParts.com ships all goods as CPT Incoterms 2010.
- You accept all responsibility for import duty processes or permits or such like and AGSCustomParts.com accepts no responsibility for costs or losses associated with these requirements.
- You agree to abide by the relevant laws of your countries or states in regard to the purchase of the goods.
- We are not responsible for import classification or the application of import duties.
- Should your goods be subject to duties or costs upon entry and you not pay these costs the goods may be destroyed or returned to the point of purchase and you may not be entitled to a refund. All costs for the handling and shipping of non delivered goods shall be to the buyers account.
6. Pricing and availability
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away.
- Delivery costs will be charged in addition to the prices listed and all such additional charges will be displayed and included in the receipt email, if not stated as free delivery/shipping, which is included in the price.
- All costs for orders are to be paid in full and all funds cleared prior to shipping.
- Your card/ PayPal will be debited upon authorization being received. The funds received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase.
- Once the goods have been dispatched and you have been sent a confirmation email the funds paid as a deposit will be used as consideration for the value of goods you have purchased as listed in the confirmation email.
8. Delivery of goods
- Standard International Orders, unless requested otherwise by you prior to purchase, are sent by airfreight without insurance. Goods tracking is not always available or guaranteed.
- While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
- Delivery can take between 5 and 20 working days, depending on region, to arrive and may be affected further by import and customs inspections.
- All customs/import fees/taxes, sales tax and duties are the responsibility of the customer.
- For non-delivery or incomplete delivery of goods, please notify us by email within 2 days of delivery (if delivered) or the latest expected date of delivery.
9. Title and risk
- Title in the goods does not pass to you until payment has been received in full.
- Risk of loss or damage to the goods passes to you upon dispatch.
10. Receipt of goods
- You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 2 days of receipt of the goods.
- If goods or packaging have been damaged in transit you must notify us immediately and send us photographic evidence of the damage on the packaging and equipment in order for us to process a refund or replacement of the goods.
- If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements.
- No claim for refunds or replacement will be recognized unless made in writing and received by us within 2 days after receipt of the goods by you.
11. Refund policy
Please choose carefully. We do not normally give refunds if:
- you change your mind or make the wrong decision;
- you decided you no longer want the goods; or
- you found same or similar goods elsewhere for cheaper price;
- you were responsible for causing a fault after purchase;
- If the goods you have purchased are faulty, we are happy to provide a full refund for returned goods or exchange it when returned. You need to email us with a copy of our invoice specifying whether you would like a refund or exchange.
- We will provide you with the correct returns procedure and instructions on the place of return for the goods to be inspected and assessed prior to processing a refund or exchange.
- We will notify you if we determine that the goods were not used in a proper manner or used for a purpose for which they were not designed or if unauthorized repairs have been carried out on the goods, in which case, a refund will not be processed.
- Any freight and related costs for the return of the goods shall be at your expense. Please ensure that you pack the goods carefully when posting as we are not responsible for any items damaged or lost on return to us.
12. Returns policy
We are committed to ensuring our customers are satisfied and will work together with you to resolve any issues.
In the case of any concerns relating to the operation and maintenance of the purchased service/s, ensure you have referred to:
- Frequently answered questions;
- Technical articles; and
- Operation and maintenance manual.
- All documents are located on the website and updated as required.
- In the case of your concern or query remains unanswered email a detailed explanation of the issue and we will endeavor to respond within 2 days but cannot guarantee this.
- If your product is required by us to be returned for repairs or warranty issues, we will advise you of the closest return address.
- We will not accept returns without prior agreement and arrangements made.
13. Limitation on claims
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
- We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part including your failure to use the goods in accordance with the operations and maintenance manual, as amended from time to time on our website.
- Our liability for failure to comply with a consumer guarantee is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.
- Subject to the prior, no attempt is made to exclude or limit liability arising under the Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
- You expressly understand and agree that we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of any supplied goods or.
- You expressly understand and agree that AGSCustomParts.com, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- To the maximum extent permitted by law in no event shall we be liable for any direct and indirect loss, damage or expense irrespective of the manner in which it occurs which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
14. Intellectual property
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
- Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorized by us and/or our third-party licensors.
- Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain our property.
15. Warranty and disclaimer
- We provide a 12 months replacement warranty from the date of shipping or dispatch to operate as described if the correct operating procedures are used as detailed in our Operation and Maintenance Manuals which is published on our website from time to time.
- Our warranties exclude all normal wear and tear.
- While we take all due care in providing our services, we do not provide any warranty either express or implied including limitation warranties of merchantability or fitness for a particular purpose. You warrant that you have investigated and satisfied yourself as to the adequacy and suitability of the goods for your use.
- The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
You agree to indemnify AGSCustomParts.com, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with information supplied by you to us;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; or
- any breach of these Terms.
17. Linked sites
- Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
19. Entire agreement
- The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
20. Governing law
- These terms of service are governed by the laws in force in the Republic of Serbia and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
- If any provision in these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- You acknowledge this by completing a purchase on this website.