Welcome to stunningwheels.ca. Stunning Wheels and/or its affiliates
provide website features and other products and services to you when you visit
or shop at https://stunningwheels.ca, use Stunning Wheels products or
services, or use the software provided by Stunning Wheels in connection with any of
the foregoing. Stunning Wheels provides the services subject to the following
conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms”
or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or
“Customer” or “Registered User”) and Stunning Wheels Inc. (“Company” or “us” or “We”
or "Stunning Wheels" or "https://stunningwheels.ca"). This document is an electronic record, and
the user should accept & follow these terms & conditions before using https://stunningwheels.ca.
This electronic record is generated by a computer system and does not require
any physical or digital signatures. Notwithstanding anything contained or said
in any other document, if there is a conflict between the terms mentioned
herein below and any other document, the terms contained in the present T&C
shall alone prevail for the purposes of usage of the Site.
INTRODUCTION
The domain name https://stunningwheels.ca is registered in the name of Stunning Wheels Inc., which is a federally registered
corporation in Canada.
RIGHT TO CHANGE
Stunning Wheels reserves
the sole right to update or modify these Terms and Conditions at any time
without prior notice. For this reason, we encourage you to review these Terms
and Conditions every time you purchase products from us or use our website.
PRIVACY
We view the protection
of your privacy as a very important principle. We understand clearly that You
and your personal information are one of our most important assets. We process
your personal data as per our privacy policy. Click on the link to learn more
about our privacy policy: https://stunningwheels.ca/privacy_policy
ELECTRONIC COMMUNICATIONS
When you use any of
our services or send e-mails to us, you are communicating with us
electronically. You, by using our services, consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site or through other services. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated or anything contained to the contrary or any proprietary material
owned by a third party and so expressly mentioned, Stunning Wheels owns all
intellectual property rights to and into the Website, including, without
limitation, any and all rights, title, and interest in and to copyright, related
rights, patents, utility models, trademarks, trade names, service marks,
designs, know-how, trade secrets and inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content, graphics, icons,
and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or
distribute any content from the website belonging to Stunning Wheels without
obtaining authorization from us.
The user shall not upload, post, or otherwise make available on the site any material
protected by copyright, trademark, or other proprietary rights without the
express permission of the owner of the copyright, trademark, or other proprietary rights. Stunning Wheels does not have any express burden or
responsibility to provide the users with indications, markings, or anything else
that may aid the user in determining whether the material in question is
copyrighted or trademarked. The user shall be solely liable for any damage
resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to
any public area of the Site, User warrants that the owner of such material has
expressly granted Stunning Wheels the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. The user also permits any other end user to access, view, and store or
reproduce the material for that end user’s personal use. The user hereby grants Stunning Wheels the right to edit, copy, publish, and distribute any material made
available on the Site by the user.
TRADEMARKS
The site contains copyrighted material, trademarks, and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music, sound, and the entire contents of Stunning Wheels protected by
copyright as a collective work under the applicable copyright laws. Stunning
Wheels owns a copyright in the selection, coordination, arrangement, and
enhancement of such content, as well as in the content original to it. Users
may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. Users may download / print / save copyrighted material for the user's
personal use only. Except as otherwise expressly stated under copyright law, no
copying, redistribution, retransmission, publication, or commercial exploitation
of downloaded material without the express permission of Stunning Wheels and
the copyright owner is permitted.
If copying, redistribution, or publication of copyrighted material is permitted,
no changes in or deletion of author attribution, trademark legend, or copyright
notice shall be made. The User acknowledges that he/she/it does not acquire any
ownership rights by downloading copyrighted material. Trademarks that are
located within or on the Site or a website otherwise owned or operated in
conjunction with Stunning Wheels shall not be deemed to be in the public domain
but rather the exclusive property of Stunning Wheels unless such site is under
license from the trademark owner thereof, in which case such license is for the
exclusive benefit and use of Stunning Wheels unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS
COMPLAINTS
Stunning Wheels respects
the intellectual property of others. If you believe that your work has been
copied in a way that constitutes any intellectual property rights infringement,
please address a complaint to ‘Customer Care’ by way of an email as provided in the contact us section.
USER RESPONSIBILITY AND REGISTRATION
OBLIGATIONS
If you use the website as a registered user, you agree that you are adhering to user responsibilities & obligations. Stunning Wheels reserves the right to
terminate your membership and refuse to provide you with access to the website
if it is brought to its notice or if it is discovered that you are under the
age of 16 years. You are solely responsible for maintaining the confidentiality
of your user ID and password. You are responsible for all activities that occur
under your user ID and password. You agree, inter alia, to provide true,
accurate, current, and complete information about yourself as prompted by the website registration form or provided by you as a visitor or user of a third-party
site through which you access the website. If you provide any information that
is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds
to suspect that such information is untrue, inaccurate, not current, or incomplete or not in accordance with the User Agreement, Stunning Wheels has
the right to indefinitely suspend or terminate or block access to your
membership with the Website and refuse to provide you with access to the
Website.
As a condition of purchase, the site requires your permission to send you
administrative and promotional emails. We will send you information regarding
your account activity and purchases, as well as updates about our products and
promotional offers. You can opt out of our promotional emails anytime by clicking
the unsubscribe link at the bottom of any of our email correspondences. Please
see our Privacy Policy for details. The offers made in any promotional messages
sent via emails/SMS/MMS shall be subject to change at the sole discretion of Stunning
Wheels, and Stunning Wheels owes no responsibility to provide you any
information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update
or share any information that is contained on the website that: belongs to another
person and to which you does not have any right to; is grossly harmful,
harassing, blasphemous; defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; harm minors in any way;
infringes any patent, trademark , copyright or other proprietary rights;
violates any law for the time being in force; deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature; impersonate another person;
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; threatens the unity, integrity, defence, security or sovereignty of Canada
& the US, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
In case it is found that you are in violation of these express conditions,
you shall be solely responsible and shall face all legal consequences of the
same by yourself, and Stunning Wheels shall in no manner be held
responsible for the same.
BILLING
The price of our products mentioned on https://stunningwheels.ca is the
selling price & published in CAD & USD currency, & it doesn’t
include Canadian federal & provincial taxes. Applicable taxes may be
charged at the destination where the order will be shipped to in Canada. Stunning
Wheels reserves the right to collect taxes and/or such other levy/duty/surcharge that it may have to incur in addition to the normal taxes it may have
to pay. We may also charge delivery charges, which may include postal charges, shipment charges, etc. That may be applicable. We do not collect applicable
taxes on US orders. However, we may collect duty charges depending on the
nature of the products & rules that apply at the US border.
ORDER CANCELLATION
Cancellation by Stunning Wheels
There may be certain orders that we
are unable to accept and must cancel. Stunning Wheels reserves the right, at
its sole discretion, to refuse or cancel any order for any reason whatsoever.
Some situations that may result in your order being canceled include, without
limitation, non-availability of the product or quantities ordered by you, non-availability of the service, inaccuracies or errors in pricing information, or
problems identified by Stunning Wheels credit and fraud avoidance. We may also
require additional verifications or information before accepting any order. We
will intimate you if all or any portion of your order is canceled or if
additional information is required to accept your order. If your order is
canceled after your card has been charged, the said amount will be reversed
back to your account.
Cancellation by the
User:
In case of requests for order cancellations, Stunning
Wheels reserves the right to accept or reject requests for order cancellations
for any reason whatsoever. As part of usual business practice, if we receive a
cancellation notice and the order has not been processed/approved by us, we
shall cancel the order and refund the entire amount to you within a reasonable
period of time. We will not be able to cancel orders that have already been
processed.
Decisions taken by Stunning Wheels regarding
cancellation or refusal to cancel an order shall be final and binding
upon the user.
SHIPPING
We offer free shipping if your order value is $89.99 or more. However, below $89.99, we do collect a shipping fee. Our shipping and processing charges
are intended to compensate Stunning Wheels for the cost of processing your
order, handling and packing the products you purchase, and delivering them to
you. For further information, please refer to our Shipping Policy: https://stunningwheels.ca/shipping-policy
PAYMENT
While availing any of the payment method(s) offered by us, we are not
responsible or take any liability of whatsoever nature in respect of any loss or
damage arising directly or indirectly to you, including but not limited to the
following: (a) lack of authorization for any transaction(s); (b) exceeding
the present limit mutually agreed upon by you and your "bank(s)"; (c) any
payment issues arising out of the transaction; or (d) decline of transaction
for any other reason(s).
All payments made against the purchases/services on https://stunningwheels.ca by you shall be against the price displayed on the website and shall be in
terms and conditions of the third-party online payment gateway services as
adopted and applicable to your transaction as approved by Stunning Wheels. In
some cases, before shipping your order to you, we may request you to provide two
supporting documents (including but not limited to a govt. -issued ID and address
proof) to establish the ownership of the payment instrument used by you for
your purchase. This is done to ensure a safe and fully proofed online shopping
environment for our users.
Stunning Wheels may employ PayPal and other third-party facilities for payments on our website. Such payments can be made electronically
and as may be permitted by Stunning Wheels, which shall be at its sole
discretion. Use of such third-party services will be governed by their user agreement, seller terms, conditions, and other rules and policies as may be
required and applicable to your nature of activities.
Gift Cards
- Gift
cards can be redeemed online at https://stunningwheels.ca
- Gift
cards cannot be used to purchase other gift cards.
- If
the order value exceeds the gift card amount, the balance must be paid by credit card/debit card.
- Gift
cards will expire after 36 months from the date of issue, and any
corresponding unused balance shall be forfeited thereafter
- Gift
cards cannot be redeemed for cash or credit.
- You
are solely responsible for the safety and security of the gift cards.
- The gift card number is confidential. In the event of any misuse of the gift card due
to the loss of any such confidential details due to the fault of the
purchaser, Stunning Wheels shall not be responsible for the same, and no
refund can be issued
- The validity of gift cards cannot be extended; new gift cards cannot be provided
against the expired/unused gift cards.
- There
is no fee or other charge associated with gift card purchases.
DELIVERY
Stunning Wheels endeavors to but does not guarantee delivery of products
in the stipulated time period as mentioned in the purchase of the product. In
no manner can the contract be repudiated if Stunning
Wheels fails to deliver any one or more products in the stipulated time
frame. However, if you fail to take the delivery of the goods, Stunning Wheels may,
at its discretion, charge you for additional shipping costs. https://stunningwheels.ca/shipping-policy
REFUNDS & RETURNS
Stunning Wheels shall make all endeavors to deliver defect-free products
to the purchasers. Stunning Wheels does not take title to any returned items
purchased by the user unless the item is received by Stunning Wheels. Any item
purchased on our website does not qualify for any return unless the product
delivered is damaged or has manufacturing defects. The defective and/or damaged
goods so received shall be communicated to Stunning Wheels within 72 hours of
their receipt. Any communication received after 72 hours of delivery shall not
qualify for return unless expressly covered by the product warranty even in
case the said product has been wrongly delivered. Stunning Wheels holds the
sole discretion to determine whether a refund can be issued. For further
information, please read our Returns Policy: https://stunningwheels.ca/return-policy
PRODUCT DESCRIPTIONS
Products displayed on Stunning Wheels attempt to be as accurate as
possible. However, Stunning Wheels does not warrant that the product's description or other content is accurate, complete, reliable, current, or error-free. If a
product offered by Stunning Wheels is not as described, your sole remedy is to
contact Stunning Wheels within 48 hours of receipt, and the Stunning Wheels team will
provide a solution at its discretion. Stunning Wheels is not liable to
issue any refunds or allow exchanges and/or returns as a matter of policy.
PRODUCT COMPLIANCE
Products displayed/sold on the Stunning Wheels website are manufactured/procured as per the
applicable local laws of Canada & the US and are in conformity with the
required North American industry standard.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices that are
available in other stores (offline or online). Further, the prices displayed in
our catalogs are quotes that may vary from country to country for the same
product. Prices shown on the website, both for Canada and the US, are subject to
change without prior notice. These prices only reflect the retail price and do
not include shipping and taxes, which may be extra as applicable.
INACCURACY DISCLAIMER
From time to time there may be information on our website or in our
catalog that may contain typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability. Stunning
Wheels reserves the right to correct any errors, inaccuracies, or omissions and
to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software), and
other services included on or otherwise made available to you by Stunning
Wheels are provided on an AS IS and AS AVAILABLE basis, unless otherwise
specified in writing. Stunning Wheels makes no representations or warranties of
any kind, express or implied, as to the operation of the services or the
information, content, materials, products (including software), or other
services included on or otherwise made available to you through Stunning Wheels unless otherwise specified in writing. You expressly agree that your use of the
website is at your discretion.
Stunning Wheels will not be liable to you in any way or in relation to the
contents of, use of, or otherwise in connection with the website. You
acknowledge, by your use of this Website, that your use of this Website is at
your sole risk and that you assume full responsibility for all risks associated
with all necessary servicing or repairs of any equipment you use in connection
with your use of this Website and that Stunning Wheels shall not be liable for
any damages of any kind related to your use of this Website.
Though Stunning Wheels shall make all endeavors to protect its websites from
any viruses or other illegal use of its websites. However, we do not warrant that
this site, information, content, materials, products (including software), or
services included on or otherwise made available to you through the website,
its servers, or electronic communication sent from us are free of viruses or other
harmful components. Nothing on the website constitutes or is meant to constitute advice of any kind.
All the products sold on the website shall be solely governed by Canadian laws.
In the event we are unable to deliver such products due to implications of
different territorial laws, we will return or will give credit for the amount
(if any) received in advance by us from the sale of such products that could not
be delivered to you. It is YOUR responsibility to ensure that the products
purchased on this website are not restricted to your territory. Stunning Wheels shall
not be responsible for any non-compliance with regard to the local laws of that
territory for any product available on this website.
Stunning Wheels will not be liable for any damages of any kind arising from the
use of any service, or from any information, content, materials, products
(including software), or other services included on or otherwise made available
to you through the website, including, but not limited to, direct, indirect,
incidental, punitive, and consequential damages, unless otherwise specified in
writing.
INDEMNITY
You agree to defend and indemnify Stunning Wheels (and its officers,
directors, agents, subsidiaries, affiliates, joint ventures, and employees)
from and against all third-party claims, suits, damages, claims, and losses,
including but not limited to reasonable attorneys’ fees, arising out of or
related to your breach of this T&C, or your violation of any law or the
rights of a third party, or any damage to life and/or property caused by the
products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or
Privacy Policy or other rules and policies or if we are unable to verify or
authenticate any information you provide or if it is believed that your actions
may cause legal liability for you, other users, or us, without limiting the
present, without prior notice, immediately limit your activity, remove your
information, temporarily/indefinitely suspend or terminate or block your
membership, and/or refuse to provide you with access to this website. Any user
that has been suspended or blocked may not register or attempt to register with
us or use the website in any manner whatsoever until such time that such user
is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy
or other rules and policies, we reserve the right to recover any amounts due
and owing by you to us and to take strict legal action, including but not
limited to a referral to the appropriate police or other authorities for
initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in,
without prior notice, immediately limiting your activity, removing your information,
temporarily/indefinitely suspending or terminating your membership, or blocking your membership, and/or
refusing to provide you with access to this website.
If you have any questions regarding this, you can contact our support.
SEVERABILITY
We reserve the
right to make changes to our site, policies, service terms, and these
conditions of use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
WAIVER
The failure by Stunning Wheels to enforce at any time or for any period one
or more of the terms or conditions of the agreement shall not be a waiver by Stunning
Wheels of them or of the right to any time subsequent to enforce all terms and
conditions of this agreement.
FORCE MAJEURE
Failure on the part of Stunning Wheels to perform any of its obligations
and the non-furnishing of the service shall not entitle you to raise any claim
against Stunning Wheels or be a breach hereunder to the extent that such
failure arises from an event of force majeure. If, through force majeure, the
fulfillment by either party of any obligation set forth in this Agreement will
be delayed, the period of such delay will not be counted on in computing
periods prescribed by this Agreement. Force majeure will include any war, civil
commotion, strike, governmental action, lockout, accident, epidemic, or any
other event of any nature or kind whatsoever beyond the control of Stunning
Wheels that directly or indirectly hinders or prevents Stunning Wheels from
commencing or proceeding with consummation of the transactions contemplated
hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of force majeure.
GOVERNING LAW
These Terms and Conditions or the documents of third-party payment
channels shall be governed and construed in accordance with the laws of Canada.
DISPUTE RESOLUTION
This agreement shall be construed, and the legal relations between You (User)
and Stunning Wheels hereto shall be determined and governed according to the
laws of Canada. If any dispute arises between you and Stunning Wheels regarding
your use of the website or you're dealing with Stunning Wheels in relation to any
activity on the website in connection with the validity, interpretation,
implementation, or breach of any provision of the terms & conditions and/or privacy policy, including but not limited to the rules and policies contained
herein, the dispute shall be subject to the exclusive jurisdiction of the
courts of Ontario, Canada.
Your obligations to pay the payment fees shall not be suspended during the
pendency of such proceedings. GRIEVANCE
Any grievances you
have by way of use of the website can be addressed to ‘Customer Care’ by
way of email to info@stunningwheels.ca, ‘Customer Care’ shall thereafter consider the same and provide a response to you within 10 business days of the date of such complaint/grievance.
