Agreement between User and xoticautomotivelighting.com
Welcome to xoticautomotivelighting.com. The xoticautomotivelighting.com website (the "Site") is comprised of various web pages operated by XOTIC AUTOMOTIVE LIGHTING ("XAL"). xoticautomotivelighting.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of xoticautomotivelighting.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
xoticautomotivelighting.com is an E-Commerce Site.
Visiting xoticautomotivelighting.com or sending emails to XAL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
XAL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use xoticautomotivelighting.com only with permission of a parent or guardian.
Products purchased from Xotic Automotive Lighting may be returned in 30 days from original purchase date in original packaging in new like condition undamaged. All returned products will be inspected/tested and subject to a 15% restocking fee before a refund is issued from Xotic Automotive Lighting. Once a product has been used it will not be eligible for return, it is only covered by manufacturer warranty! We are not responsible for any return shipping cost, customers are responsible for all return shipping. With the exception the return was due to our fault then XAL will pay the return shipping.
Any free shipping promotions used on an original order will be forfeited on a returned product.
Services are not eligible for any refunds or exchanges. Any Services that have been rendered or started will result in a forfeiture of deposit that's paid through original invoice.
Products in new-like condition in original packaging may be exchanged up to 60 days from original purchase date. Customers will receive credit for exchanges which may be used toward other stocked items. If your returned item(s) cannot be restocked as "new" we reserve to right to deny the exchange or apply only a partial credit towards your new items (no more than 20% reduction in value.) If you need to make a rushed exchange, you can order the new part first and then return the original for a refund without being subject to any restocking fees on the “exchanged” item.
Customers are responsible for shipping cost to and from Xotic Automotive Lighting with the exception that an item/product needs returning, due to a mistake made by XAL. In such case XAL will pay the return shipping cost, XAL will send its customers a return shipping label to be used for the return shipping.
To return your product, you should mail your product to: Xotic Automotive Lighting 35 Ridgewood ave Brentwood NY 11717 United States
XAL recommends customers use tracking when shipping us an item(s).
Links to Third Party Sites/Third Party Services
In order to better provide you with products and services offered on our Site, XAL may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase XAL's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
XAL collects and uses your personal information to operate its website(s) and deliver the services you have requested.
XAL may also use your personally identifiable information to inform you of other products or services available from XAL and its affiliates.
XAL does not sell, rent or lease its customer lists to third parties.
XAL may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to XAL, and they are required to maintain the confidentiality of your information.
XAL may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on XAL or the site; (b) protect and defend the rights or property of XAL; and/or (c) act under exigent circumstances to protect the personal safety of users of XAL, or the public.
Information about your computer hardware and software may be automatically collected by XAL. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the XAL website.
The XAL website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize XAL pages, or register with XAL site or services, a cookie helps XAL to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same XAL website, the information you previously provided can be retrieved, so you can easily use the XAL features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the XAL services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
XAL secures your personal information from unauthorized access, use, or disclosure. XAL uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
XAL does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, XAL may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from XAL, you may opt out of such communications by emailing email@example.com and asking for their subscription to be removed.
XAL welcomes your questions or comments regarding this Statement of Privacy. If you believe that XAL has not adhered to this Statement, please contact XAL at:
XOTIC AUTOMOTIVE LIGHTING
35 Ridgewood ave.
Brentwood, New York 11717
(631) 946 - 8882
Effective as of January 20, 2021
xoticautomotivelighting.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of XAL and XAL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. XAL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by XAL of the site or any association with its operators.
Certain services made available via xoticautomotivelighting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the xoticautomotivelighting.com domain, you hereby acknowledge and consent that XAL may share such information and data with any third party with whom XAL has a contractual relationship to provide the requested product, service or functionality on behalf of xoticautomotivelighting.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of XAL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. XAL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of XAL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of XAL or our licensors except as expressly authorized by these Terms.
You will be able to connect your XAL account to third party accounts. By connecting your XAL account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by XAL from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the XAL Content accessed through xoticautomotivelighting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless XAL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. XAL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with XAL in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and XAL agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XOTIC AUTOMOTIVE LIGHTING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
XOTIC AUTOMOTIVE LIGHTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. XOTIC AUTOMOTIVE LIGHTING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
XAL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and XAL as a result of this agreement or use of the Site. XAL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of XAL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by XAL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and XAL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XAL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
XAL reserves the right, in its sole discretion, to change the Terms under which xoticautomotivelighting.com is offered. The most current version of the Terms will supersede all previous versions. XAL encourages you to periodically review the Terms to stay informed of our updates.
XAL welcomes your questions or comments regarding the Terms:
35 Ridgewood ave
Brentwood, New York 11717
(631) 946 - 8882
Effective as of January 20, 2021
XoticAutomotiveLighting ("we" and "us") is the operator of (https://xoticautomotivelighting.com/home.html) ("Website"). By placing an order through this Website you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.
Subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfill all your items at time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.
2. Shipping Costs
Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in the order. Payment for shipping will be collected with the purchase.
This price will be the final price for shipping cost to the customer.
3.1 Return Due To Change Of Mind
XoticAutomotiveLighting will happily accept returns due to change of mind as long as a request to return is received by us within 30 to 60 days of receipt of item and are returned to us in original packaging, unused and in resellable condition.
Return shipping will be paid at the customers expense and will be required to arrange their own shipping.Once returns are received and accepted, refunds will be processed to store credit for a future purchase. We will notify you once this has been completed through email.
(XoticAutomotiveLighting) will refund the value of the goods returned but will NOT refund the value of any shipping paid.
3.2 Warranty Returns
XoticAutomotiveLighting will happily honor any valid warranty claims, provided a claim is submitted within the warranty period from the original purchase date. Customers will be required to pay the return shipping.
Upon return receipt of items for warranty claim, you can expect XoticAutomotiveLighting to process your warranty claim within 7 days.
Once warranty claim is confirmed, you will receive the choice of:
(a) a replacement item sent to you (if stock is available)
4. Delivery Terms
4.1 Transit Time Domestically
In general, domestic shipments are in transit for 2 - 7 days
4.2 Transit time Internationally
Generally, orders shipped internationally are in transit for 4 - 22 days. This varies greatly depending on the courier you have selected. We are able to offer a more specific estimate when you are choosing your courier at checkout.
4.3 Dispatch Time
Orders are usually dispatched within 1 to 2 business days of payment of order
Our warehouse operates on Monday - Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.
4.4 Change Of Delivery Address
For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.
4.5 P.O. Box Shipping
XoticAutomotiveLighting will ship to P.O. box addresses using postal services only. We are unable to offer couriers services to these locations.
4.6 Military Address Shipping
We are able to ship to military addresses using USPS. We are unable to offer this service using courier services.
4.7 Items Out Of Stock
If an item is out of stock, we will dispatch the in-stock items immediately and send the remaining items once they return to stock.
4.8 Delivery Time Exceeded
If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.
5. Tracking Notifications
Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.
6. Parcels Damaged In Transit
If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with next steps.
7. Duties & Taxes
7.1 Sales Tax
Sales tax is automatically applied to the price of the goods at checkout.
7.2 Import Duties & Taxes
Import duties and taxes for international shipments may be liable to be paid upon arrival in destination country. This varies by country, and XoticAutomotiveLighting encourage you to be aware of these potential costs before placing an order with us.
If you refuse to to pay duties and taxes upon arrival at your destination country, the goods will be returned to XoticAutomotiveLighting at the customers expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded.
If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an orderhas already been dispatched, please refer to our refund policy.
Parcels are insured for loss and damage up to the value as stated by the courier.
9.1 Process for parcel damaged in-transit
We will process a refund or replacement as soon as the courier has completed their investigation into the claim.
9.2 Process for parcel lost in-transit
We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.
10. Customer service
For all customer service enquiries, please email us at Rob@xoticautomotivelighting.com or give us a call at 631-946-8882.