PARTS DR., INC.
AS OF FEBRUARY, 26TH, 2015
1. Should you decide to purchase parts using the shopping cart feature in this Site, you will have the option to either set up an account with Parts Dr., Inc., or you will be allowed to checkout as a Guest. Setting up an account allows for expediting future purchases. An application is mandatory, and will be required, to set up an account with Parts Dr., Inc. The application will require your full name, physical mailing address, email address, a username, which will be the e-mail address you wish to use to identify yourself, and password. When you purchase parts through the shopping cart, you will be required to give the numbers for the card, or debit card, hereinafter “card”, you want to use. You are responsible for purchases on your account. Consequently, be careful with whom you share your username and password. Your card will be charged at the time your order is placed and, in the event of a cancellation of any portion of an order, a refund will not be made until the remaining parts in your order are shipped to you. In the event of the cancellation of an entire order, Parts Dr., Inc. will utilize its sole discretion in determining when refunded monies will be made available to you. Parts Dr., Inc. will attempt to issue all refunds within sixty (60) days of receiving an order cancellation.
3. None of the information regarding your shopping cart on the Site will be distributed to any person or entity, other than (a) using your card information to process the purchase through your card company and (b) using your name and physical address to make arrangements to have the product physically delivered to you. Once you set up an account, Parts Dr., Inc. will use the email address you provide to send you promotional emails from time to time, but the promotional emails will have a link that will terminate further promotional emails, should you decide you do not want promotional emails.
5. Parts Dr., Inc. makes no warranties regarding any of the parts it sells through this Site, and it DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ITS INTENDED PURPOSE. You must rely on the express warranty of the manufacturer of the parts sold through this Site. Consequently, you should visit the website of the manufacturer of each product listed for sale on this Site, and determine what express warranty you will be getting from the manufacturer and whether the manufacturer disclaims any implied warranty of merchantability or fitness for intended purpose.
7. The Site can be discontinued by Parts Dr., Inc. at any time. Should that occur, any orders already placed through the shopping cart system on the Site will be fulfilled by Parts Dr., Inc. if the part is in inventory, or the money paid for the part will be returned to the card used to purchase the part, if the part is not in inventory.
8. The parts offered for sale on the Site can be changed, at any time, by Parts Dr., Inc., based upon availability. If Parts Dr., Inc. does not have the parts you ordered in inventory, you will be notified of that by email, and asked to reorder at a later date.
10. The price for parts offered for sale through the Site will change from time to time. If you purchase parts through the Site, you will be charged the updated price shown on the Site at the time of the purchase. In the event that a part is erroneously listed at an incorrect price or with incorrect information, Parts Dr., Inc. retains the right, at our sole discretion, to refuse or cancel any orders.
12. If a legal dispute arises between you and Parts Dr., Inc. regarding this Site or your use of this Site, the dispute will be decided by private arbitration held in Sioux Falls, South Dakota. This arbitration will be presided over by a South Dakota attorney mutually agreed to by you and Parts Dr., Inc. The Arbitrator will utilize and apply South Dakota law (substantive, procedural and evidentiary). Initially you and Parts Dr., Inc. will each pay ½ of the fees of the arbitrator, but upon the conclusion of the matter, the arbitrator will award the prevailing party of the arbitration the arbitration fees initially paid by the prevailing party. Either party to this arbitration may appear by video-conference, or by phone in order to assure the timely and cost effective disposition of any dispute arising through the use of this website.