1. Introduction
These Website Terms And Conditions (these “Terms” or these “Website Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full including our Returns policies. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, UltimateCartParts.com and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and UltimateCartParts.com may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Acceptance of Orders - Billing
UltimateCartParts.com reserves the right to accept or reject any order prior to shipping. This is at our sole discretion. Receipt of an order confirmation email is not acceptance of an order. Due to security concerns it may be possible that customer information will be subject to verification. Orders that abuse promotional pricing can be cancelled at our discretion.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. Warranty representations
This Website is provided “as is,” with all faults, and UltimateCartParts.com makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Nothing contained on this Website shall be construed as providing consult or advice to you. UltimateCartParts.com shall not be held responsible and will not be liable for any damage or injury due to the purchase, use or delivery of any product. The remedy for missing or damaged products in orders is reshipment of the product or refund of the purchase price, at our sole discretion.
Items serviced under warranty are the responsibility of the manufacturer and not UltimateGolfParts.com.
Additionally, Ultimate Cart Parts is not responsible for advice given regarding golf cart parts. When asked we will provide the best advice possible but because we are not "on the ground" with your cart we can only offer our best guess based on our experience and information we are provided. We will not be responsible for return shipping if the wrong item is ordered.
6. Quantities
UltimateCartParts.com reserves the right to limit quantities.
7. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect product information due to typographical errors, or errors in product information received from suppliers, we shall have the the right to refuse or cancel any such orders at our discretion. If your credit card has already been charged and your order is cancelled we shall issue a refund.
8. Limitation of liability
In no event shall UltimateCartParts.com , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and UltimateCartParts.com , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
9. Delivery Times and Availability
All delivery times are estimates. We do not guarantee specific day delivery.
In the event a product is is delayed past estimated ship times we shall have the the right to cancel any such orders at our discretion. We will work with you to see if a delay is acceptable. If your credit card has already been charged and your order is cancelled we shall issue a refund. There are no circumstances where UCP will compensate for delays other than a full refund for the delayed product.
10. Price Changes
Prices can change from time to time based on vendor or manufacturer cost changes or competitive market forces. These changes are made without notice.
11. Order Cancellations
Once an order has been placed it cannot be cancelled. Orders are processed quickly. Once the checkout process has been completed our warehouses are notified immediately to complete your order. Please follow return procedures on orders placed and shipped. Undamaged orders which are refused delivery will have shipping costs (both ways) deducted from any refund.
Custom items are not returnable or cancellable.
12. Paypal Refund Policy
In 2019 Paypal instituted an unpopular policy of not refunding transaction fees on order refunds. Like credit card payments Paypal charges a merchant a transaction fee. Unlike credit cards, however, Paypal keeps those transaction fees if an order is refunded. If an Paypal-paid order for $2000 is cancelled, for instance, approximately 3% is kept by Paypal ($60, in this case).
For that reason, orders paid for by Paypal will incur a 3% charge on refunds which is a direct pass-through of our charges. We do not wish to do this but we have no choice.
To avoid this possibility you can pay via credit card or via Amazon Pay, neither of which charge this transaction fee upon refunds. As a reminder, your order is protected through our participation in the BuySafe protection program (see the small image on the lower left of any page on our website for details).
This policy ONLY applies to orders paid through Paypal, not those paid via credit cards on the site or Amazon Pay.
13. Credit Card Refunds
Credit card companies charge their customers (us) a 3% fee when a refund occurs after. When we make a refund at that point we both refund your money but also pay that fee to the credit card companies.
For that reason, orders paid for by credit card will incur a 3% charge on refunds which is a direct pass-through of our charges. We do not wish to do this but we have no choice.
To avoid this possibility you can pay via Amazon Pay which does not charge this transaction fee upon refunds. As a reminder, your order is protected through our participation in the BuySafe protection program (see the small image on the lower left of any page on our website for details).
This policy ONLY applies to orders paid through credit card and is at our discretion.
14. Email Marketing
By ordering from UltimateCartParts.com you give us permission to add your email address to our newsletter list. You will have the opportunity to opt out at the bottom of every email received if you choose to discontinue receiving communications from us. See our Privacy Policy for details about what we do and do not do with your information.
15. Indemnification
You hereby indemnify to the fullest extent UltimateCartParts.com from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17. Variation of Terms
UltimateCartParts.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
18. Assignment
UltimateCartParts.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
19. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between UltimateCartParts.com and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
20. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Minnesota for the resolution of any disputes.
Our Address:
If you have questions about our Terms of Service you can contact us at:
UltimateCartParts.com
14295 James Road
Suite 100
Rogers, Minnesota 55374