TERMS RELATING TO THE PURCHASE OF PRODUCTS
5. Consumers Only
The Store sells and ships Products to end-user customers only. SimpleTire reserves the right to refuse or cancel your order if SimpleTire suspects you are purchasing products for resale.
6. Additional Product Terms
The purchase and use of the Products are subject to the Return/Refund Policy.
7. Prices & Payment
7.1 SimpleTire reserves the right to change prices for Products displayed on the Store at any time. All prices are shown in U.S. dollars. Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase, as well as installation charges. Prices shown in the Store may exclude delivery costs. Taxes, delivery costs, and/or installation (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and other costs.
7.2 By providing SimpleTire with a credit card or other payment method that SimpleTire accepts, you: (a) represent that you are authorized to use the payment method that you provided, and that any payment information you provide is true and accurate; and (b) authorize SimpleTire (or its third-party payment processor) to charge your payment method for any Products purchased using your payment method. Third-party provided payment methods, such as PayPal, may be subject to that third party’s terms and conditions. Your payment method will be charged when the Product has shipped. If you cancel your order before the Products are billed, any authorizations in place on your payment method account may take several days to expire. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem SimpleTire encounters in order to proceed with your order.
8. Order Acceptance & Confirmation
SimpleTire may, in its sole discretion, refuse or cancel any order and limit order quantity. SimpleTire may also require additional qualifying information prior to accepting or processing any order. Once your order is received, SimpleTire will provide you with an email order confirmation or, if you provided a valid cell phone number, we may send you via text an order confirmation. Providing a valid cell phone number will constitute prior express consent to receive confirmation of, and other communications directly related to your order (e.g. tracking or status updates) via text message (message and data rates apply). You may receive text messages when your order is shipped, out for delivery, delivered, or encounters an exception or delay. Separate prior express written consent will be obtained before texting you for promotional or other reasons unrelated to your order from which you may opt out at any time. The order confirmation does not operate at SimpleTire’s acceptance of your order, nor does it constitute confirmation of SimpleTire’s offer to sell; instead, the email confirmation is merely a confirmation that SimpleTire received your order. SimpleTire reserves the right at any time after receiving your order to accept or decline your order for any reason. If SimpleTire cancels an order after you have already been billed, SimpleTire will refund the billed amount.
9. U.S. Shipping Only
Products purchased at the Store will only be shipped to addresses within the United States and are subject to United States and foreign export control laws and regulations. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations.
10. Shipping & Delivery
Prices for the Products do not include shipping costs, though the Store may offer free shipping. Applicable delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to SimpleTire.
11. Product Availability & Limitations
SimpleTire reserves the right to change Product quantities available at any time, even after you place an order. There may be times when SimpleTire confirms your order but subsequently learns that it is unable to supply the ordered Product; in the event SimpleTire cannot supply a Product you ordered, SimpleTire will cancel the order and refund your purchase price in full.
12. Return Policy
12.1 Please refer to the Return/Refund Policy for details regarding the return of Products.
13. Age Limitations
You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Store Terms. Age limits may apply to your use of the Store, including purchases.
14. Privacy
SimpleTire is dedicated to safeguarding personal information and processing it in a manner consistent with user expectations. Please see the Privacy Policy for information about the types of information collected from you and how that information is used. By using the Store, you hereby expressly consent to SimpleTire’s collection, use and disclosure of such data and information as described in the Privacy Policy.
15. Termination of Use or Access
SimpleTire may terminate your use of the Store at any time for any reason, including if you are in breach of any of the Store Terms. By using the Store, you will be responsible (in accordance with these Store Terms) for any orders you make or charges you incur prior to such termination. SimpleTire may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
16. Warranty Disclaimers
Some jurisdictions do not permit the exclusion or limitation of certain warranties, so the following provisions may not apply to you.
16.1 Warranty Disclaimers
THE STORE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ALL PRODUCTS PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS-IS” BASIS UNLESS OTHERWISE NOTED IN THE MANUFACTURER’S WARRANTY THAT IS INCLUDED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLETIRE AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT (I) THE STORE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE OR (II) ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE USE OF THE STORE WILL BE ACCURATE, TIMELY OR ERROR-FREE; (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE STORE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE STORE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND SIMPLETIRE DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE STORE.
17. Limits on Liability
Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so the following provisions may not apply to you.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL: (A) SIMPLETIRE (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THE STORE TERMS, THE STORE OR PRODUCTS, OR THE USE OF, MISUSE OF, OR INABILITY TO USE THE STORE OR PRODUCTS, EVEN IF YOU OR SIMPLETIRE (AND SIMPLETIRE’S AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES); AND (B) SIMPLETIRE’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) LIABILITY IN CONNECTION WITH THESE STORE TERMS, THE STORE OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY YOU.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 17 DO NOT APPLY TO LIABILITIES THAT ARISE FROM THE UNAUTHORIZED USE OF INTELLECTUAL PROPERTY OR THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE STORE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
18. Disputes and Arbitration
18.1 Any dispute or claim relating in any way to these Store Terms or your access or use of the Store will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Store Terms as a court would.
18.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to SimpleTire, Attention: Legal Department at 114-120 S. 13th Street, 2nd Floor, Philadelphia, PA 19107. Your notice to SimpleTire must: (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. SimpleTire will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. SimpleTire will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) in which you purchased the Product.
18.3 WAIVER OF CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration__ we each waive any right to a jury trial__. SimpleTire and you also both agree that you or SimpleTire may bring suit in a state or federal court in Bucks County, Pennsylvania to enjoin infringement or other misuse of intellectual property rights.
18.4 OPTION TO OPT-OUT To opt out of the arbitration and class-action waiver terms in this Section 18, you must notify SimpleTire in writing within 30 days of the date that you first accept these Store Terms (unless a longer period is required by applicable law). You must mail your written notification to SimpleTire, Attention: Legal Department to the address in Section 18.2. Subject to Section 18.5, if you do not notify SimpleTire as outlined in this Section 18.4, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Store Terms revised after the date of your first acceptance.
18.5 You may reject any change SimpleTire makes to Section 18 (except address changes) by sending SimpleTire written notice within 30 days of the change by mail to the address in Section 18.2. If you do, the most recent version of Section 18 before the change you rejected will apply. It is not necessary to send SimpleTire a rejection of a future change to the this Section 18 if you had properly opted out of the arbitration and class-action waiver provisions in this Section 18 within the first 30 days after you first accepted these Store Terms.