1. Goods and Services.
Goods and services include tires and their installation at an authorized dealership ("Dealership"), as well as any other products and offerings on our Site made available to you. Goods and services may be discontinued, modified or altered at any time without notice and are subject to availability.
2. Price and Sales Tax.
Prices listed generally include the price of the tires and any other goods or services ordered through the Site, shipping and handling charges, the cost of installation of the tires at the Dealership, applicable sales taxes and tire disposal fees. Prices do not generally include any additional fees required at the point of installation to accommodate customized vehicles, pre-existing vehicle conditions, or other circumstances beyond our control. You are ultimately responsible for the payment of all applicable state and local taxes and disposal fees. Taxes and fees will be calculated based on the location of the Dealership where your tires are being installed.
3. Offers, Coupons, and Gifts.
We may offer you and other users of the Site discounts, promotions and other offers ("Offers"). Offers may come in a variety of forms including a coupon, coupon code, promotional code or any other similar medium ("Coupon"). Unless expressly stated otherwise on the Coupon, all Coupons and Offers are non-transferrable. You may not combine multiple Coupon codes, use any Coupon with more than one Order, or otherwise misuse any Offer or Coupon ("misuse" to be determined by RightTurn in its sole discretion). We reserve the right to, at any time and with or without prior notice, cease honoring any Offer or Coupon or to impose conditions on the redemption thereof in our sole discretion. Violation of this section may result in cancelation of your Order.
Offers may also include the ability to receive from a third party, certain services, such as discounts, gift cards or other offers that may be used with third party merchants and service providers ("Third Party Offers"). Third Party Offers are subject to compliance with all eligibility (e.g., purchase requirements) and redemption requirements and all other terms presented with the Third Party Offer, including terms of applicable third party merchant or provider. Neither RightTurn nor any of its affiliates are responsible or liable for any Third Party Offers, including your redemption or third party fulfillment of the Offer. We reserve the right to, at any time and with or without prior notice, cancel any Third Party Offer.
Where applicable, your credit card is used to confirm and process your Order. Your credit card will not be charged in full until your Order is completed. We only serve as an administrative processing agent for purchases made through this Site. Payment for the goods and services offered through the Site will be processed on the date of installation either directly by the Dealership where your tires are installed or through our third party provider. 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.
5. Warranty Policy.
THE TIRES AND ANY OTHER GOODS AND SERVICES SOLD ON THE SITE CARRY THE STANDARD MANUFACTURER WARRANTY (IF ANY) PROVIDED BY THE MANUFACTURER ("PRODUCT WARRANTY"). OTHER THAN THE PRODUCT WARRANTY, THE TIRES AND ANY OTHER GOODS AND SERVICES 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, 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 GOODS AND SERVICES 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. SHOULD YOU WISH TO REVIEW THE MANUFACTURERS WARRANTY FOR ANY TIRES OR OTHER GOODS OR SERVICES SOLD THROUGH THIS SITE, CONTACT THE DEALERSHIP DIRECTLY, OR YOU MAY REQUEST A COPY OF SUCH WARRANTY BY CONTACTING US AT: 1.800.613.0072
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 are purchasing with the vast image catalog that we maintain but we may not find the correct match.
6. Warranty Product Return.
For safety reasons, we cannot accept any warranty returns. However, if there is a defect in the tire or other Goods and Services please refer to the Product Warranty and (where applicable) contact the Dealership where you had your tires installed to process a tire warranty claim.
7. Tire Installation.
You understand that a tire Order includes basic installation of the tires by the local Dealership you select through the Site, by their trained technicians. This Site does not process Orders for pickup or installation by a third party in lieu of installation by a Dealership. We do not install your tires or provide any installation services. You understand that tires shipped to fulfill your Order are based on the make/model and other specifications provided to us by you on the Site. The Dealership will typically 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, or the condition of your vehicle prohibits safe and proper fit and installation, 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 provided you reschedule your tire installation within 10 days and order the correct tires for your vehicle.
In accordance with applicable law, all vehicles manufactured after September, 2007 are required to have a Tire Pressure Monitoring System (TPMS). In some cases, TPMS sensors may require rebuilding, replacement and/or recalibration when installing new tires. Orders do not include the cost for rebuilding or replacement of TPMS sensors.
9. Return Policy.
Please see the Dealership for its applicable return and refund policies. RightTurn does not accept any direct returns for Orders placed on its Site.
11. 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 the 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.
12. 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.
13. 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 of Sale are found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these Terms of Sale, and the remaining terms and conditions shall be valid and fully enforceable as written.
15. 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 of Sale shall be presumed when you place an Order for the products and services offered on this Site. No additions or modifications of these Terms of Sale 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.
16. Complete Agreement.
The RightTurn Team