These Terms of Sale represent a legal agreement between you and RightTurn, LLC (together with its affiliates, herein referred to as the "Company", "RightTurn", "we", "us" or "our") regarding the purchase and sale of goods and services offered on this website (the "Site"). Please read these Terms of Sale carefully. If you do not agree to them, please do not purchase any goods or services through this Site.
1. Price and Sales Tax.
Prices listed include the price of the tires and any other goods or services ordered through the Site, any shipping and handling charges, the cost of installation of the tires, and applicable taxes. You are responsible for the payment of all applicable state and local taxes. Taxes will be calculated based on the location of the dealership where your tires are being installed (“Dealership”).
Payment for the goods and services offered through the Site will be processed on the date of installation either through a third party provider of the Company or at the Dealership. For verification purposes and to facilitate a smooth transaction you agree to bring the same credit card you used on the Site with you to the Dealership.
3. Warranty Policy.
THE TIRES SOLD ON THE SITE CARRY THE STANDARD MANUFACTURER
WARRANTY PROVIDED BY THE TIRE MANUFACTURER ("PRODUCT WARRANTY"). OTHER THAN THE PRODUCT WARRANTY, THE TIRES ARE BEING SOLD TO YOU “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. YOU SHOULD CONTACT THE DEALERSHIP FOR A COPY OF THE PRODUCT WARRANTY.
We have a wide variety of tires to choose from, with various sizes and treads, making it difficult for us to capture images of all the various sizes and treads. Accordingly, you acknowledge and agree that the image used on the Site during your tire purchase (including the tire tread) may vary and that such image is merely a representative sample of the particular tire you will be purchasing. We will make commercially reasonable efforts to match the tire you arepurchasing with the vast image catalog that we maintain but we may not find the correct match.
4. Warranty Product Return.
For safety reasons, we cannot accept any returns. However, if there is a defect in the tire, please refer to the Product Warranty and contact the Dealership where you had the tires installed to process your warranty claim.
5. Tire Installation.
You understand that the tires will be installed at a local Dealership by trained technicians. You understand that the tires being shipped to you are based on the make/model and other specifications provided to us on the Site. The Dealership will verify the make/model and other specifications of your vehicle when you arrive for your tire installation. If the make/model or other specifications of your vehicle do not match the information provided on the Site, you may have to reschedule your tire installation and order tires that will fit and are appropriate for your vehicle. If such a situation occurs, you will not be charged a cancellation fee (unless you cancel your order) provided you reschedule your tire installation within 10 days and order the correct tires for your vehicle.
7. Intellectual Property.
8. Force Majeure.
The Company has an excellent record for on-time delivery but there are circumstances beyond our control that may impact our ability to provide products to the destination on time. Accordingly, you understand and acknowledge that we are not liable for any delays or other damages caused by, or impairment of, performance resulting in whole or in part from any act outside of the control of the Company, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of the Company.
9. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
10. Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Ohio, excluding its conflict of law rules, and venue shall be in the state and federal courts located in Cuyahoga County in the State of Ohio.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
12. Modification of Terms.
The Company's acceptance of any order is subject to your assent to all of the terms and conditions set forth herein. Your assent to these terms and conditions shall be presumed when you place an order for the products and services offered on this Site. No additions or modifications of these Terms and Conditions by you shall be binding upon the Company, unless agreed to in writing by an authorized representative of the Company. If any correspondence submitted by you to us contain terms or conditions contrary to or in addition to the terms and conditions contained herein, the Company's fulfillment of any such purchase or order shall not be construed as assent to any of the terms and conditions proposed by you, and will not constitute a waiver by the Company of any of the terms and conditions contained herein.
13. Complete Agreement.
Thank you and happy tire shopping,
The RightTurn Team