Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THEY SERVE AS AN ENFORCEABLE CONTRACT AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Phastek Performance LLC. aka Phastek Sport (the "Company," "we," or "us") maintains this Web Site, accessible via https://phasteksport.com (collectively the "Web Site") for informational purposes only.
These Terms and Conditions govern access and use of this Web Site and any Content, Products, Communication, or Services offered via the Web Site.
Acknowledgement
By accessing and using this Web Site, including submitting an order, creating an account, signing into your account, or other use of this Web Site, the Products, the Services, and the Content, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions as if you had signed them.
If you do not agree to these Terms and Conditions and any applicable Additional Terms without modification or qualification, you must exit this Web Site immediately and discontinue any use of any Services or Content from this Web Site.
You may not access or use this Web Site or accept this agreement unless you are at least 18 years old.
The Company reserves the right to modify or amend these Terms and Conditions at any time without notice.
Accepting Orders
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.
The Company reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer.
Prices and availability of products on the Web Site are subject to change without notice.
The Company reserves the right to refuse or cancel any order for any reason.
Risk of Loss
All products purchased from the Company are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon delivery to the carrier.
Use of Products We Sell
Many of the products sold through the Company are for racing and off-road use only and should never be used on public streets or highways.
Please check your local, state, and federal laws regarding such use.
CA Residents: Due to California’s CARB compliance law, some of our products are not for sale or use on pollution-controlled vehicles in your state and cannot be billed or shipped to California addresses.
The Company is not responsible for any damage any product we sell may cause you, your vehicle, or other persons.
All products sold by the Company are intended solely for use on USA-specification vehicles unless specifically noted otherwise.
The Company makes no guarantee that products will fit with any aftermarket products obtained from us or any other source.
Products modified away from their original design or part number will not be eligible for warranty, return, or refund through the Company.
Product Descriptions / Pricing Errors
Although the Company makes every effort to ensure that information listed on the Web Site is accurate and up to date, information may occasionally be incorrect.
The Company does not warrant that product descriptions or other content on the Web Site are accurate, complete, reliable, current, or error-free.
If a product offered by the Company is not as described, your sole remedy is to return the product.
The Company reserves the right to refuse or cancel any order placed for products listed at an incorrect price or with incorrect information.
Returns
If at any time you are not satisfied with your purchase from Phastek Sport, you may return the product within 30 days of delivery.
The product(s) purchased must still be in new condition, including original packaging, parts, accessories, and paperwork.
Custom products, Open Box products, and Clearance products are non-returnable.
Please refer to our Return & RMA Policy for additional details.
Cancellations
You cannot cancel an order once it has shipped.
You cannot cancel an order that is noted as a “Special Order” or “Custom Order” once manufacturing has begun.
Please refer to our Cancellation Policy for additional details.
Labor Fees Incurred
You agree to hold the Company harmless for any and all labor incurred involving the installation, repair, or maintenance of any product(s) purchased from the Company.
The Company is not responsible for damages, additional labor, loss of time, or loss of use of the vehicle resulting from purchased products.
Third Party Sites, Social Media, and Other Users
The Web Site may contain links to or advertisements for third party websites and social media platforms.
The Company provides these links as a convenience only and does not review, approve, monitor, endorse, or warrant any Third Party Sites.
You agree that use of Third Party Sites is at your own risk and may be subject to separate terms and privacy policies.
The Company reserves the right to remove posts or activities that are considered spam, off-topic, disrespectful, harmful, or otherwise inappropriate.
Limitations Regarding Information, Articles, and Advice
The Company offers information, articles, and advice for educational purposes only.
The Company does not warrant this advice, and you agree to hold the Company harmless in the event information is inaccurate or causes damage, injury, or death.
Web Site Use Policy
You agree not to use this Web Site to upload, transmit, display, or distribute any content that:
- Violates third-party rights
- Is unlawful, abusive, harmful, defamatory, obscene, or misleading
- Violates any applicable law or regulation
You further agree not to:
- Upload viruses or malicious software
- Send spam or unauthorized advertising
- Harvest user data without consent
- Attempt unauthorized access to systems or networks
- Harass or interfere with other users
The Company reserves the right to investigate violations, remove content, terminate accounts, and cooperate with law enforcement.
Implied Consent Policy
Phastek Sport uses implied consent when an individual provides their email address and/or phone number for business purposes but has not explicitly stated they want to receive marketing materials.
If you do not wish to be subscribed to our marketing list, you may unsubscribe at any time.
Forms of consent used by Phastek Sport include:
- Submitting a form on PhastekSport.com
- Making a purchase within the last two years
- Signing a written contract with Phastek Sport within the last two years
- Volunteering or partnering with Phastek Sport
- Participating in organizations or clubs associated with Phastek Sport
- Completing a paper or electronic sign-up sheet at an event or online
Privacy Policy / Data Protection
Please refer to our Privacy Policy for details regarding data collection and protection.
Ideas, suggestions, or communications submitted to the Company may be used by the Company without compensation or restriction.
By communicating with the Company, you grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to use and distribute such communications.
Intellectual Property Rights
All Content and related works on this Web Site are copyrighted works of the Company or its licensors unless otherwise indicated.
Any use, reproduction, modification, distribution, or republication without prior written permission is strictly prohibited.
All trademarks, service marks, logos, trade names, and trade dress appearing on this Web Site are proprietary to the Company or their respective owners.
Warranty Disclaimer
THIS WEBSITE, THE CONTENT, THE PRODUCTS, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
The Company does not warrant uninterrupted access, security, accuracy, reliability, completeness, or availability of any content or services.
The Company expressly disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
You expressly agree that use of this Web Site is at your sole risk.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, PRODUCTS, SERVICES, OR THIRD PARTY SITES.
Access to and use of the Web Site and reliance on advice or information is solely at your own discretion and risk.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, licensors, and service providers from any liability, loss, claim, or expense arising from your violation of these Terms and Conditions or your use of the Web Site.
General
If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Company’s failure to enforce any provision shall not constitute a waiver of that provision.
No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of using this Web Site.
Section titles are for convenience only and have no legal or contractual effect.
BY ORDERING FROM THE COMPANY OVER THE PHONE, EMAIL, STANDARD MAIL, FAX, MESSENGER, TEXT, OR THROUGH OUR ONLINE CATALOG / WEBSITE, YOU ARE AGREEING TO AND ACCEPTING ALL OF THE TERMS AND CONDITIONS STATED ABOVE.