TERMS & CONDITIONS 12-27-2012
(any sections updated or added will be noted with date
We do not accept all orders and if a product is unavailable, we will cancel the order and refund.
Please discontinue use of this site and do not approve and place any orders if you disagree with any part of the conditions. A Link to this page is provided for review on registration of a new account and also on upon checkout.
A Link to this page is also on most sections of our site and also on the bottom of every storefront page.(3-15-04)
We reserve the right to amend, omit or void any part of this "TOS" ("terms of service" without any prior notice or explanation. The last change date and any new sections will be noted. You can also review the current version of this page by following the text links on every storefront page
- ALL SALES ARE FINAL -
Any merchant that accepts returns does not simply throw away their returns in the garbage. They take a quick look at it, and then it gets resold to you unknowingly. People are very scrupulous, they swap out the insides with their defectives and then return it, they install something and then change their mind, they install something improperly, then damage it and then return it. We will not jeopordize your merchandise. Do you really want to pay "full price" for someone else's return? Whether it is $5, $20 or a $500 item. Do you really want something that has been unpacked by someone else? Possibly missing accessories or something? You will not have that problem with us, because all sales are final, we sell only "unopened" new products. Don't take chances. In this economy, manufacturers do not magically swap out products from companies that take returns for new unopened goods.
- 95% of orders received on business days by 11am est are shipped the same day. Some orders require at least 1-5days for processing AFTER payment (even rush *overnight* or 2 day air orders), however we will make an effort to complete your order early. Plan accordingly. Any express shipping will be ahead of our ship date (ie: after processing). We do not guarantee same day shipping. - Products which are labeled ships in x number of days will not begin to process till that time has passed - Orders are not processed during holidays and weekends or any non business day. - Orders paid via E-Check will not begin to process till the echeck clears - UPS ships to Hawaii, Alaska and Puerto Rico via UPS Ground, UPS 2nd Day and UPS Next Day Saver only. If you have selected any other UPS shipping method prior to choosing a shipping address in Hawaii, Alaska or Puerto Rico, your shipping method will default to the cheapest available UPS shipping method which is GROUND.
Free shipping offers are only valid when a coupon is applied (when one is required) we will not be able to implement a coupon after an order is received, it must be done at the time of purchase during checkout
Free shipping offers are valid only for products being shipped ground within the 48 states. Express and International shipping is EXTRA and you will be billed.
Free shipping offers are not valid for products which exceed dimensional weight (lengthy or wide products such as air dams, bug deflectors, etc) or are unusually heavy in weight (car batteries, etc)
Packages which are refused or unclaimed are subject to a 25% restocking fee + the original cost of shipping/handling. Order acceptance and right to purchase:
Your submissiion of an electronic purchase order confirmation does not signify our agreement to complete your order.
We reserve the right at any time after receipt of your order, to either accept or decline your order for any reason.
All items are limited to supply on hand. As orders are received and our warehouse distribution centers are filling orders dynamically, availability of any product may vary due to order fulfillment, stock shortages, damaged inventory, inaccurate inventory amount or other factors. In the event of a product being unavailable, we reserve the right to cancel/void an order. You may check on orders with system login. (6-29-04)
Availability of items and supply on hand: On some products, we use warehouse distribution centers to fill orders. When we receive an order, we will check directly via inventory control software to the fulfillment warehouse. If the warehouse list the product as available, we will then continue with the order. There will be times (although rare) when the distribution centers have errors in 'the actual count' - this can happen for many reason (internal theft, misplacement of product in warehouse, replacement of defectives and not adjusting inventory counts accurately...and the list goes on). If at any point after we confirm a product is available, and it goes to the 'shipping stage' and it is not, we will then -email you- with options and an estimate ETA of fulfillment of an order. If we fail via to receive a response via email with instructions, we will then cancel the order. (added 5-06-04)
The total number of products we carry change almost daily. We regularly drop and add products. We will always make a good faith effort to quickly and accurately remove products we no longer carry and/or are no longer available. We typically adjust in cycles (less than a week) because we maintain a lineup of a few thousand products. If a product is no longer available before a removal cycle, we may cancel your order.
If you email us, we will tell you if there is a replacement model or if there are any comparable products which may suit your needs. (5-06-04)
There are items which cannot be shipped air. Items which are pressurized such as spray glue, fire extinguishers, racing transmission fluid, etc. These specific products, are available for shipment within the 48 states only. If you are an International buyer or live outside the 48 states (Alaska, Hawaii, etc), we cannot complete orders which contain products listed above. If we receive an order and if 75% of the order has products which are shippable, we will remove the one item which cannot be shipped air, credit you and ship the balance of the order. If you 'must' have the product, please email us first and we'll arrange shipment; but there is a 'hazmat' surcharge on all pressurized products. (3-31-04)
Shipping prices shown are just estimates
Our systems 'talk' to UPS and US Mail computers. However, their systems will not include expensive options such as insurance, delivery confirmation, residential address, etc. These extra fee-options are part of shipping and handling fee shown to you during checkout. Review the total before checkout.
The weight of the actual shipping box and packaging materials may increase the total weight of the package.
Our first priority is to assure that your package gets there in one piece.
Some products are exceptionally long or wide.When a package exceeds the minimum GIRTH, UPS will go by DIMENSIONAL weight. Dimensional weight is usually width x height x length = dimensional weight. So even if a package weighs one pound and it exceeds UPS girth rules, it may have to be entered as a 15 pound package.
If you choose a shipping option and it is not valid for your area (for example, UPS GROUND SERVICE to HAWAII), you will be billed for the difference in price.
APO, PO, AE and Postal addresses must choose US mail for delivery. If you select UPS as a shipping option, we will charge you for the difference in price and also your package will be shipped US Postal Mail. There is a 2-8 day lead time on all US Postal shipments. There are always delays with International orders (see International terms for more details)
The price you see for shipping during checkout includes our packaging / handling charges.
We define handling as: The packaging materials; materials to protect inner package, paperwork needed to complete the shipment, materials to protect outer package, the box itself and anything else in conjunction to package a product. Includes all phases of processing an order (paperwork, payment, etc). It also includes the actual handling of the package from inventory, to packaging, to shipping and onwards. (5-06-04)
** Most packages will be billed the actual shipping/handling charges shown at checkout or close to it if all the information is correct. You will never be billed shipping/handling more than what is
shown during checkout except in very very special circumstances (and then we will always email you first). Review the shipping and handling fee shown for confirmation prior to your final order submission. Shipping Damages or lost packages
Shipping damages are to be claimed with the carrier. www.fedex.com or 1800-PICK-UPS, All of our packages go out insured. If your package is damaged, you see a tear, a large hole or something are missing, tell the driver immediately on the spot (this will make things easier). Get the tracking # off the label and then call UPS. Next EMAIL us and inform us. We will then follow up with UPS. For most claims, UPS will approve the claim very quickly. Once they approve the claim, they will POSTAL MAIL us authorization, once that is completed, we will reship your package (if the part is still available). In the event, the first part is no longer available, we will provide you a product of the same value or give you more options. US mail damages have to be claimed with your postmaster, inform us of any problems immediately.
We ship a lot of packages.
We automatically ASSUME all packages will be delivered and NOT lost or damaged. Tell us immediately via email of any problems.
We will not go back and track each package because of the amount of packages we ship.. We provide the tracking # online (login and click on view orders), if you realize that your package is stuck somewhere or is lost, CALL UPS and then LET US KNOW. We 'do not' monitor the progress of all the shipments we ship out. It is exceedingly rare that a package gets lost or damaged.
For postal shipments, lost packages may require a 'cooldown' period by US MAIL. Especially for International shipments. The cooldown period is a stage where US Mail requires us to allocate for delivey of the package. For example, if you instruct us to ship a package US MAIL using the least expensive method (4-6 weeks) and if it does not get delivered, US MAIL may require us to wait another 30-45 days (total of 3 months) or more before filing an insurance claim.
When you are receiving goods which are delivered by courier (projection tvs, plasmas, etc), inspect your package carefully. Once you sign the release that the product was received in satisfactory condition, it belongs to you.
Normally, orders are shipped on business days, non holidays and on days which we do not specify to be closed or down for upgrades. Orders received late in the day or on days which we have abnormal high number of orders will be processed within 2 business days. Orders are processed in the order they are received (first in, first to be processed). If you need an urgent delivery, please contact us via email or phone before ordering so we make arrangements for the speed of your order. (2-05-2005)
We ANSWER ALL EMAILS : Quickly! Sometimes in Seconds, usually minutes. But always very fast
We are a high-discount merchant for auto accessories and electronics.. All products are new in the box. We do not accept returns, All sales are final.
Please be sure of your choice or product
selection before purchase, email us if you need help 'before' purchase. By not accepting returns; this assures you will receive a new product, not a product that was installed in a 1980 chevy and then restocked to be sold to you again at full price. You are paying smart money for NEW UNOPEN products at a discounted price. It also allows us to keep our prices highly discounted. (we cater to smart savvy shoppers who know what they want and that saves you money)
In the very exceedingly unusual circumstance we authorize a return, the product MUST be unused unopened and must be within a 14 day period of original purchase. Return must also be returned to us prepaid freight, we will NOT issue any call tags for any returns to pick up packages. Returns are shipped back at the "buyer's" expense. Each circumstance is handled case to case and there are no guarantees, describe your situation. Know what you are buying, ask your questions before buying. Original shipping and handling charges are NEVER refunded. A restocking fee will apply to 'all' returns and is based on the condition of the package. New unopened package 20% restocking fee, Opened but not installed products 35% restocking fee, Opened and unwrapped (took things out of sealed packages) 40% restocking fee, Opened, unwrapped, installed, missing boxes, missing manuals, or missing parts at least 50% restocking fee PLUS cost of missing parts. Original shipping and handling charges are never refunded. If you used a free shipping coupon and return a product, upon a return, we will VOID the original coupon and you will be billed for the original shipping and handling. We will NOT accept any product back missing external box upcs codes. We will NOT take back any product that has been registered or used for a mail in or online rebate. Once you
submit a rebate or remove the UPC code, we can no longer accept any returns (even on defectives, it has to be repaired). All packages coming back to us requires a RA (return authorization #), no exceptions, otherwise it will be refused or lost. If in a extraordinarily rare circumstance, we grant a refund return after the 14 day period and if the current selling price of the product has "dropped", you will be refunded only the new lower selling price.
Absolutely no refunds or exchanges will be given after 30 days from purchase date. Manufacturer warranty will apply if any.
You must notify us of all DOA (dead on arrival) products within 14 days of purchase. ALL DEFECTIVES will be REPLACED with the SAME PRODUCT, NO EXCHANGES or REFUNDS. No exceptions. If you DENY your choice to EXCHANGE the product for the "SAME" product, and if approved, it will be subject to at least a 40% restocking fee.
We will then replace the product with the same product if
available, offer you a similar comparable replacement or another option. This does not include INSTALLATION errors. There are a small number (handful) of products which come with no warranty from the manufacturer and usually will be listed as is. Once the 14 day period has passed, the manufacturer warranty applies or any claims will be repair only. You are responsible for shipping/handling of any defectives to us and we will cover the shipping cost back to you on any replacement parts (except for Alaska, Hawaii and International orders). Our primary instrument of communication is via EMAIL, we assign ticket #s to all of our emails, make sure you get one upon emailing us.
If you have a problem after sale, a defect, anything, WE TAKE CARE OF YOU!
We handle all of your requests QUICKLY via email, we set up an exchange procedure if it is covered under warranty and we create a QUICK exchange for working parts! It is that easy. We also keep you informed during the entire process with status emails and you can also check status via our forum. Just take a look at our RA Exchange area. You buy from us, we give you support!
Just look at our RA process, this is how we handle everything when you buy from us. We offer Tech support, pre sale support, post sale support. Everything we do is streamlined. The screenshots are just RAs and the volume we handle efficiently.
The following handling fee will be applied for exchanges for defective merchandise we manage on BEHALF of the manufacturer Less than a month : No fee
2 months : No Fee
3 months : 5 dollars
4-6 months: 7 dollars
7-12 months: 10 dollars
13 months to 23 months : 25 dollars (if a warranty is even in effect) 24 month or more (if a warranty is even in effect) : 39 dollars BEFORE we will conduct an exchange on BEHALF of the manufacturer, the fees above MUST be PAID IN FULL
All OPEN BOX/DEMO
products are sold AS IS without any implied or expressed guarantee/warranty. (listed in CLOSEOUT/DEMO department)
Orders for Replacement parts (9-20-04) Because of the increase of abuse and problems, all sales on replacement parts are now sold AS-IS. Replacement parts is defined but not limited to replacement transmitters (extra txers) for car alarms, replacement sirens, replacement foglight bulbs or housings, replacement cables, or any part used to replace a pre-existing product. We will not tolerate customers swapping out our 'new' replacement parts with their old, then writing us telling us the replacement part is defective. We will be taking security steps to pinpoint all claims for validity.
Special order products
Some products such as car bras, car covers or anything else marked as special order or is warehouse distributed items are consider 'special order' - There will be no returns or refunds for such purchases. Your order will also be billed first because the order has to go into production or payment has to be received before we can use our warehouses to ship your order. Popular and late model cars will usually have their applications in stock, we ship from numerous warehouses across the country. But if you own an older car, a product like a car cover or car bra needs to be made. In some cases, it may take up to 4-6 weeks or longer for this to happen. There are also products like dash mats and seat covers (sometimes with embroidery), these are also special order items, such all the work is custom, please modify your delivery schedule.
If you pay for any express shipping for your special order part, it will be FORWARD of the PRODUCTION SHIP date. So your special custom order or special made piece will not ship express until it is manufacturered or the special part comes in.
Replacement parts for alarms, some special cables for your car radio, etc are sometimes marked special order or non stock items.
ALL SPECIAL ORDER PARTS are final and cannot be cancelled once an order has been placed.
We reserve the right to limit or refuse sales to any dealer or person without explanation. (however, we have never had to do this)
We are accepting orders from the United States, APO/AE boxes for US personel in the military, our Canadian friends, Puerto Rico, US territories and UK. If you wish to order and ship to another country, email us first with the details. Orders to countries not listed above are handled case to case. Expect delays.
All prices shown are in US dollars. If you do not see your country listed upon registration, we cannot ship to you; Customer is responsible for FREIGHT ON BOARD shipping charges and all duties, taxes and brokerage fees. For more detailed info on International orders, rules and restrictions, click here
Warning: Some of the items you have ordered may be prohibited by law in your State. It is your responsibility to know whether the item you wish to buy is prohibited under your State's law. Sound Conceptions, Inc. and AUTOTOYS.COM assume no responsibility for violations of State and local laws as a result of items sold, purchased or used from this site or any related source.
Address errors / Forward by customer on UPS (billable to customer) / Refused or Undelivable packages
PACKAGE REFUSALS AND UNDELIVABLE PACKAGES. Because UPS now charges a "3rd day" rate on any return package shipments (examples are UNDELIVERABLE ADDRESS, MISSING APT #, etc) and if a package is returned to us, because we have to PAY for the return shipping now at a 3rd day rate, we will now bill back the original customer - DOUBLE the original shipping and handling (non refundable) if any package is refused because of address information is left out or incorrect. Your package will ALSO be subject to RESTOCKING FEES. We do allow you several instances to confirm your address during registration and checkout, please make sure it is correct before placing an order, and if it is not correct, try your best to contact us ASAP so we can do something about it (if we can)
If you assign a WILL CALL on your package to pick up your package and DO NOT PICK it up in time, you will be billed back DOUBLE the original shipping and handling (10-25-07)
If your order is an International order and after several attempts to collect duties and brokerage fees by the carrier, the package will be abandoned. YOU "WILL" LOSE the PRODUCT and THERE WILL BE NO REFUND. Make sure you PAY your duties and brokerage fees for International packages. The carrier will make MULTIPLE attempts, but only so many. This information is all noted in tracking information available through the carrier (10-25-07)
An additional shipping charge will be applied if we have to re-ship an item because of an address error or package refusal. Approximate delivery times will be shown for items in our catalog. Please note that these time frames are only estimates and apply from the time your order leaves our warehouse, not from the time you place your order. If we are unable to get a correct address, we will change the status of your package to unclaimed/refused, at which time a restocking fee of at least 35% plus DOUBLE the first shipping/handling charges will apply.
Our packages are shipped with no address forwarding instructions.We ship only to the confirmed/billing address. If you call UPS and have them forward a package and they do it by mistake, UPS always bills us for forwarding charges. If you take actions to forward, we will charge you back the forwarding charges on the original form of payment or we will send you a bill which you are responsible for. (3-31-04)
Price and Availability: We work towards accurate listings on our site, however -we cannot confirm the price of an item until you order, but please note that we do not charge your credit card until the time we ship your order to you*. Despite our best efforts, a remarkably small number of the more than thousands of items in our catalog are mispriced. Rest assured, however, that we verify prices as part of our shipping procedure. (If an item's correct price is lower than our stated price, we charge the lower amount and ship you the product. If an item's correct price is higher than our stated price, we contact you for directions before shipping. After we have received your order, you will receive an confirmation email with the items that was ordered and you may check your order status online**
(see also first paragraph, more on availability and discontinued/dropped products)
* products which are special order, non-stock items, shipped from a warehouse distributor, manufacturer or manufacturer distributor are billed first. Any questions, email us.
** provided you had registered and our server is operational. Confirmation email will be sent to the email address you registered under. Copy of confirmation will list products in your order only, may not include show final shipping charges.
We reserve the right to cancel orders with incorrect listings without notice. We reserve the right to refuse sales to any party or retailer without explanation
Currency: All prices and rates are in US dollars.
Forum and tech access (Terms of eligibility) Making a purchase from autotoys.com does not automatically entitle you the right to access our free forums. Make sure all of your purchases for auto accessories and electronics are from autotoys.com to guarantee your eligibility to the forums. Access may be granted or removed without any warnings or explanation. Posting the password publicly or renting the password out for non-private use is strongly prohibited. Access for any member to the forums may be suspended without notice. We reserve the right to change the password to the forums at any time without notice, at which time you will need to reapply for entry. Forum access is not a service requirement as part of filling your order. It is a free bonus non-fee service we offer which we can revoke or grant without notice. Make sure all of your purchases for auto accessories and electronics are from autotoys.com to guarantee your eligibility to the forums. Information posted in our forums are 'use at your own risk' - there are no guarantees we can answer all of your questions in our forums, but we will try to make a reasonable effort to obtain an answer for you.
Backorders As a rule and as we have been doing for over 8 years, for the 2nd shipment of b/o products; we will usually include ground shipping on those additional shipments, except in instances where the product is overweight, part of a special order or if we were instructed to backorder an unavailable product. In most examples, you will not pay shipping again on any backorder products. (5-06-04)
If the value of any backorder is under $15.00, we may cancel the products in the backorder; this is rare, and if it does happen, we will notify you via email. (5-06-04)
Tracking All attempts will be made to make tracking #s online within 1-2 business days of shipping. However, due to server outages, etc we cannot always guarantee a tracking # or availibility of tracking. .Tracking info is not a service requirement as part of filling your order.
Refusal of delivery or not at home delivery after several attempts Regular carrier: UPS/Fedex/Postal etc, see other sections on restocking fees. If after several attempts with the carrier and if a package is returned to us, we will contact you via email to request reshipment fees. If we do not receive a response after a period of time, we will proceed to act as the order has been refused (a mandatory fee of at least 20% will apply and the original shipping/handling will be deducted). If the items in your order were special order, a greater restocking fee will be applied to any refused order. TRUCK FREIGHT Refusal: In the event a TRUCK FREIGHT DELIVERY is refused or if you are not home to accept the delivery after the trucking company has contacted you, you will be RESPONSIBLE FOR (1) The original truck freight (2) 30% restocking and administrative fees and (3) the return truck freight for the product returning to our warehouse. (6-29-04)
Disclaimers of Warranties and Limitations on Liability AUTOTOYS.COM SERVICES, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE, SERVICES AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO AUTOTOYS.COM SERVICE, THE WEB SITE AND ITS CONTENTS. We assume no liability or responsibility for any errors or omissions in the content of the AUTOTOYS.COM Web site, recommendations or advice of Customer Service, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the AUTOTOYS.COM site, including FORUMS and FAQ / SUPPORT areas, any losses or damages arising from the use of the content provided on the AUTOTOYS.COM Web site, actions recommended or taken by Customer Service, or the AUTOTOYS.COM service itself, including any losses or damages arising from the use of tech info, photographs or other downloadable, printable or viewable information from the web site. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon AUTOTOYS.COM or its affiliated parties
AUTOTOYS.COM shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control including, without limitations, any act of God, war, strike, riot, fire, flood, power failure, earthquake, lock-out, late or non-delivery by suppliers, shortage or unavailability of materials, components or transportation provisions/carriers.
AUTOTOYS.COM makes no representations or warranties of any kind with respect to products sold. Except as expressly stated herein, AUTOTOYS.COM disclaims all warranties expressed or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose.
Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. (7-09-04)
Disputes; Governing Law
AUTOTOYS.COM cannot be responsible for typographical errors in specifications (including dimensions, mounting depths, application and fitness), photographs or pricing (however, if we are notified of any errors via email, we will make a good faith effort to promptly correct any confirmed errors). AUTOTOYS.COM recognizes all manufacturers' trademarks contained herein and disclaims any proprietary interest in their use. Reproduction of this site is prohibited. By shopping this site you agree that AUTOTOYS.COM may refuse a sale to any person, party or business without notice.
Photographs shown online may differ as production from manufacturers changes
You agree that the sole and exclusive maximum liability to AUTOTOYS.COM arising from any product sold shall be the the purchase price of the product ordered. In no event shall AUTOTOYS.COM be liable for special, indirect, consequential, or punitive damages related to any product sold.
REGISTER an account for fast checkout, or to keep a wishlist of products.
*All products are new unless otherwise stated.
^ Be aware of models, years and cars shown compatible in product descriptions, if your year/car/ or model is not shown, EMAIL us first before buying to confirm application. You are responsible for confirming applications.
Prices, promotions, specifications, availability and terms of offers may change without notice. Despite our best efforts, a small number of items may contain availablilty, pricing, typography, description or photography errors.
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