Terms & Conditions
RacingOils.com Terms and Conditions
This website is operated by Exotic Oils, LLC (hereafter referred to as RacingOils, we or, us). The user of this website (hereafter referred to as you) acknowledges that any use of this website, including the use of this website for transactions and communication, is subject to the following terms and conditions of use.
Product is defined as any and all advertised, offered, purchased or unpurchased stock for sale on this website. Force-majeure is defined as any event in which a segment of the contract cannot be performed or enforced due to causes that are outside control of ourselves or you that cannot be evaded through the exercises of due care, including, but not limited to, natural disasters, the dissolution, dissolving or merging of a manufacturer or manufacturers, port closure, labor strike, manufacturer outsourcing, local, state, and regional fuel prices increases or decreases, or manufacturer price increases.
- We reserve the right to change these terms of conditions at any time. Changes to terms and conditions are effective immediately upon posting updated terms and conditions to a live instance of this website. You are hereby responsible for remaining compliant with all posted terms and conditions. Your use of the website shall constitute and signify your full agreement with updated terms and conditions.
- If you are not a consumer, you the user warrant and agree to have the full or partial authority to bind and conduct business on whose behalf those for whom you use this website.
- ORDER PROCEDURES
- The “confirmation” page you will see after submitting an order is an itemized list of order details including item name, skew number, quantities, price per piece and total payment due with included shipping charges. An automatically generated email shall be dispatched to your provided email address re-stating the submitted order details including item number, quantities, price per piece and total payment due with included shipping charges. Neither the automated email nor the confirmation notice constitutes or signifies the acceptance of your order by RacingOils.
- Acceptance and fulfillment of the contract between you and us will take place on dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled your order prior to shipping.
- By submitting your order you agree to pay all charges, including in-state sales and use taxes and shipping charges when the order is accepted at time of dispatch.
- Print or save your order confirmation and email order confirmation with accompanying confirmation number for future reference and for your records. Specific order details or changes must be obtained after the order is submitted by contacting us.
- If you are not a consumer, purchase orders may be submitted by an agreed-upon method, including but not limited to, in person, by phone, by email, or by other electronic submission form.
- All shipment of Product or Products is F.O.B. Austin, Texas. All posted shipping charges are approximate. Purchases made within the State of Texas are subject to state sales tax. All orders are shipped ground freight unless otherwise specified.
- If you are not a consumer, shipping is charged freight prepaid, and shipping charges will be added to the invoice. Shipping outside the United States is subject to additional customs charges.
- We reserve the right to select the appropriate freight carriers for orders depending upon size and weight unless otherwise specified by you.
- Any shortages (based on carton count) or damage must be noted on the freight bill at the time of delivery for credit or allowance to be considered.
- Acceptance of delivery shall be understood to be without exception if no notice of deviation in count or damage is made to us within 30 calendar days.
- Title to any and all ordered products ordered from this website shall immediately transfer to you upon delivery of those goods, provided that we have received payment in full for products dispatched. Delivery charges are added to the order at checkout.
- All returns made to RacingOils must be accompanied by a Return Materials Authorization (hereafter called “RMA”) acceptance form previously obtained from us.
- Returns shall be sent to RacingOils headquarters facility prepaid. Any returns not in compliance with our returns terms and conditions will be refused at dock.
- Payment shall be taken at the time your order is received. Credit card, payment method and purchase order details shall be checked against available stock. Payment for goods is subject to stock availability. In the event we are unable to provide your complete order due to insufficient stock (hereafter referred to as “backorder”), full or partial refund will be issued upon request. RacingOils shall make every reasonable attempt to notify you in the event ordered product is on backorder, and RacingOils shall make reasonable attempts to fill backorders as quickly as possible or provide a full or partial refund on orders or purchase orders on backorder.
- Payment of purchase orders shall be remitted immediately upon order placement on orders of $1,000.00 or less. Purchase orders exceeding $1,000.00 shall be remitted no more than 30 business days after the purchase order is made (heretofore referred to as “Net-30 basis”).
- Accounts must be paid in full on or before the above payment deadline in order to be considered active. No further order requests or purchase orders may be submitted until account balances reflect a $0 balance due at the time of new purchase order placement.
- All payment of goods will be remitted before dispatch of goods on all orders of $1,000 or less. RacingOils will take every action deemed reasonable, appropriate, and necessary to collect payment for goods dispatched on a Net-30 basis should the account default after 30 business days. These actions include, but are not limited to, contact by email or phone, contact by collections agency, and contact by legal entity. All fees associated with, but not limited to, collections fees, shipping charges, and reasonable attorney or legal fees shall be paid by you the user of this website should accounts lapse or fall into default.
- All posted prices and shipping charges will be kept up to date by RacingOils, and we shall ensure to the best of our ability that prices are fair and competitive. You agree to pay posted prices and shipping charges. Continued use of this website shall signify and constitute your agreement with all posted prices and shipping charges. We reserve the right to change these prices at any time, and from time to time, without prior notice in accordance with practices deemed necessary and reasonable in order to conduct business. Price changes shall be result of, but not limited to, increases to the price of freight, increases in the market value of manufactured goods, and changes made to manufactured goods that result in higher prices.
- PERSONALLY IDENTIFIABLE INFORMATION
- Personally Identifiable Information is hereby defined as any information used to contact or locate you. Any and all information linked to Personally Identifiable Information becomes Personally Identifiable Information.
- When you place an order on this website, we shall require Personally Identifiable Information related to billing information and shipping information, usernames and passwords, if applicable, as well as legal names as they appear on any and all methods of payment including, but not limited to, credit card numbers, credit card expiration dates, credit card three-digit security codes, and billing and shipping addresses (“billing information” and “shipping information”).
- For security purposes, RacingOils shall not database, record, or store credit card or billing information. Billing information and credit card information must be entered at the time of order. In order to add value to our services, we may retain shipping information, first and last names, phone numbers, usernames and passwords, if applicable, and email addresses in order to issue invoices, follow up with orders, follow up with payments, or expedite future orders.
- We may ask you for voluntary Personally Identifiable Information including, but not limited to, email address, if, when prompted, you agree to receive automated marketing material including, but not limited to, content marketing, contests, sales and promotions, newsletters and other marketing material either on this website or through any of this website’s associated social media platforms.
- Your responses to the above requests, when prompted, are completely voluntary. You may visit the information sections of this website without submitting any Personally Identifiable Information, but you will not be permitted to make purchases until such information requests are, when prompted, fulfilled.
- Other information may be collected from you when you visit this website. This information is hereby defined as Anonymous Information. Anonymous Information is any non-personally identifiable information such as, but not limited to, information obtained and recorded from your browser, your IP address, your computer’s name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record the number of times you or other users visit a page (hereby defined as “page hit counts”) and other general statistical tracking information. The collection of this information is automatic and is performed by the system and software dedicated to maintaining this website. Collection of this data requires no action on your part. This Anonymous Information helps us get to know our customers by helping us track which parts of the world our customers visit our site from, how often users visit, what parts of the website they visit and how often. We analyze this data for trends and statistics and we use this data exclusively to help us better understand how the site is being used, to improve the value and user-friendliness of our site, and to detect any technical problems that may arise as early as possible. To help us record and understand this data, we may also use a third-party service, such as Google Analytics, which in no way shall collect, record, or store Personally Identifiable Information nor shall it be associated with the third-party aggregate service.
- INTELLECTUAL PROPERTY:
- You acknowledge and agree that material and content contained within this website is made available for your personal, non-commercial use. You may only download such content and material for the purpose of using this website. You acknowledge that any other use of the content and material for this site for any other use is prohibited, and you agree not to (and you agree not to assist a third party to) reproduce, copy, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- You agree that the content of this site is Copyrighted by Exotic Oils, LLC, a Texas company, and claim no ownership or other rights in the intellectual property of this website.
- If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
- A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”
- A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”
The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent:
Attn: Legal Department
Exotic Oils, LLC
PO Box 10233
Austin, Texas 78766
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
- All Products are warrantied to be free from defect of material and workmanship prior to sale by their manufacturer. We do not warrant the products in anyway. Any alteration to the Product or improper use as specified by us, occurrence of, or circumstances arising from, any incident of force majeure will render the warranty null and void. Warranties will vary from Product to Product. It is our responsibility to make you aware of warranty terms and conditions. We will provide you with such processes and information regarding end-user warranty fulfillment and Product warranty terms.
- Warranty is limited, based on our manufacturers’ option and opinion for replacement, repair or credit. The manufacturer’s decision shall be final. Absolutely no claim will be warrantied for any labor or installation cost related to the claim. If there is any form of noncompliance regarding end-user warranty fulfillment guidelines, the Product warranty shall be rendered null and void. All warranty claims must be accompanied with the original receipt or invoice for fulfillment at the manufacturer’s option.
- You agree that you have performed your own investigation prior to purchasing any products from this website and are relying upon that investigation. Except for the express warranties included in this Agreement, Exotic Oils, LLC disclaims all other warranties, express and implied, and except for the express warranties included, all products are sold “as is.”
- LIABILITY AND INDEMNITY
- This website and these terms are governed and interpreted under the laws of the State of Texas regardless of any choice of law rules. Both parties submit to personal jurisdiction by the state of Texas for any dispute that arises under this agreement or is related to the use of the website. Both parties agree to waive any objections they have to personal jurisdiction by the state of Texas to the fullest extent allowed by law. Venue for a dispute under or related to this agreement shall be only proper in the state or federal courts located in Travis county, Texas.
- You agree to and shall indemnify, defend and hold us harmless from any damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements and court costs) arising from the resale and/or use of any purchased Product. You shall indemnify, defend and hold us harmless from any representations or warranties made by you to a customer or end user that (a) exceeds the scope of the representations or warranties made by us to you pursuant to the WARRANTY section of this Agreement, (b) contradict the documentation and/or information made available to the you by us regarding specifications, performance and intended use of the Product or Products, provided that we provided you with written notice and reasonable cooperation, information and assistance in connection with the claim.
- We will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site, that updates to information will be timely or error-free, that defects will be corrected, that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, or reliability of the website. We accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
- EXCEPT AS WARRANTED WITHIN THIS AGREEMENT, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- Notwithstanding the above, RacingOils aggregate liability for loss or damage to you shall limited to a sum equal to the amount paid or payable by you for the Product(s) in respect to the incident or series of incidents attributable to the claim.
- We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held responsible for any losses caused as a result of unauthorized access to information provided by you.
- The products available through our website are sold to you on the basis they are used for personal use only. If you are planning to use them for business purposes, please make sure that you are covered by the appropriate insurance. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the loss over and above the cost of the item in the event of a claim for breach of condition.
- We shall be under no liability for any delay or failure to deliver Product(s).
- In order to add value to our website, we may link additional websites to our website. You acknowledge and agree that, as you have chosen to enter the linked site, we are not responsible for the availability of such external sites linked to our own webpage, and do not review nor necessarily endorse and are not responsible or liable, directly, or indirectly for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) advertising, content, products, goods or other materials or services on or available from such websites or (iii) the use to which others make of these websites, nor for any damage, loss or offence caused or alleged to be caused by or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites.
- You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without written permission from RacingOils.
- RacingOils reserves the right to transfer, assign, notate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
- If any portion of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
- These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party.
- No delay or failure by RacingOils to exercise any powers, rights or remedies under these terms and conditions will be construed as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of RacingOils.
- These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and RacingOils relating to the use of this website (including the ordering of Product(s) and sets forth the entire agreement and understanding between you and RacingOils for your use of this website.
RacingOils website owned and operated by Exotic Oils LLC, Copyright 2015. All Rights Reserved