Terms of service

Terms of Service

Overview

Welcome to Gravex Parts. The terms “we”, “us” and “our” refer to Gravex Parts. Gravex Parts operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience. These are referred to as the “Services”. Gravex Parts is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, including all policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover matters such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy: [https://gravexparts.com/policies/privacy-policy]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

Article 1 - Access and Account

By agreeing to these Terms of Service, you confirm that you are of legal age under the laws of the country, state or province in which you reside, and that you have given us permission to allow any minor dependents to use the Services on devices that you own, purchase or manage.

To use the Services, including visiting or browsing our online store or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login details and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

Article 2 - Our Products

We aim to provide the most accurate possible descriptions of our products and services in our online store. However, please note that the colours and appearance of products may differ from how they appear on your screen. This may depend on the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the display or description in our online store.

For body kits, exterior car parts and automotive styling products, fitment information is provided as accurately as possible. It is the customer’s responsibility to check compatibility with their vehicle before placing an order. If you are unsure whether a product fits your vehicle, please contact us before purchasing.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered per person, geographic region or jurisdiction on a case-by-case basis.

Article 3 - Orders

When you place an order, you make an offer to purchase. Gravex Parts reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once Gravex Parts has confirmed it. We must have received and processed your payment before your order is accepted.

Please check your order carefully before submitting it. After your order has been accepted, Gravex Parts may not be able to honour a cancellation request. If we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided during the order process.

Purchases may only be returned or exchanged in accordance with our Refund Policy: [https://gravexparts.com/policies/refund-policy].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

Article 4 - Prices and Billing

Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time you place your order. This price will be stated in the order confirmation email you receive after placing your order.

Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties and import charges.

Prices displayed in our online store may differ from prices in physical stores, other online stores or stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and may be subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. the payment information you provide is true, correct and complete;

  2. you are authorised to use the payment method for purchases;

  3. charges incurred by you will be honoured by your payment provider; and

  4. you will pay the charges incurred by you at the displayed prices, including shipping costs, handling fees and all applicable taxes where applicable.

Article 5 - Shipping and Delivery

We ship from Zutphen, The Netherlands.

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, incorrect address information provided by the customer, or events outside our control.

Because body kits and exterior car parts may be large, fragile or oversized items, some orders may be shipped using specialised parcel or pallet carriers. Delivery times may vary depending on the destination country, product size and carrier availability.

Once the products have been handed over to the carrier, ownership and the risk of loss pass to you, unless otherwise required by applicable consumer law.

For more information, please see our Shipping Policy: [https://gravexparts.com/policies/shipping-policy].

Article 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Gravex Parts, its affiliates or licensors, and are protected by patent, copyright, trademark and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property of Gravex Parts, Shopify or any third party. Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by Gravex Parts.

The names, logos, product names, service names, design elements and slogans of Gravex Parts are trademarks of Gravex Parts or its affiliates or licensors. You may not use such trademarks without prior written consent from Gravex Parts.

The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

Article 7 - Optional Tools

You may be given access to customer tools provided by third parties as part of the Services. We do not monitor, control or have influence over these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the relevant third-party provider offers such tools.

We may also introduce new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

Article 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you may access.

If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damage or negative consequences related to your visit to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review and understand the policies and practices of third parties before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

Article 9 - Relationship with Shopify

Gravex Parts uses Shopify to provide the Services to you. However, all sales and purchases made through our store are handled directly by Gravex Parts.

By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Gravex Parts, including injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Gravex Parts.

Article 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [https://gravexparts.com/policies/privacy-policy].

Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information that you submit to the Services may be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, so that they can provide services to you.

Please read our Privacy Policy [https://gravexparts.com/policies/privacy-policy] for more information about how we, Shopify and our partners use your personal information.

Article 11 - Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

We may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

  1. you own all Feedback or have all necessary rights to the Feedback;

  2. you have disclosed any compensation or incentives received in connection with your submission of Feedback; and

  3. your Feedback complies with these Terms.

We are not, now or in the future, obligated to:

  1. keep your Feedback confidential;

  2. pay compensation for your Feedback; or

  3. respond to your Feedback.

We may monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or that violates any party’s intellectual property rights or these Terms of Service, but we are not obligated to do so.

You agree that your Feedback will not infringe the rights of third parties, including copyright, trademark, privacy rights, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or related websites.

You may not use a false email address, impersonate someone else or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party.

Article 12 - Errors, Inaccuracies and Omissions

Occasionally, information provided on or through the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice, including after you have placed an order.

Article 13 - Prohibited Use

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services:

  1. for unlawful or harmful activities;

  2. to violate international, national, federal, provincial or local laws, regulations, rules or ordinances;

  3. to infringe upon our intellectual property rights or the rights of others;

  4. to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person;

  5. to submit false or misleading information;

  6. to knowingly transmit, receive, upload, download, use or reuse material that does not comply with these Terms;

  7. to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar methods;

  8. to impersonate or attempt to impersonate another person or entity; or

  9. to otherwise engage in conduct that restricts or inhibits anyone’s use of the Services, or that, as determined by us, may harm Gravex Parts, Shopify or users of the Services, or expose them to liability.

You also agree not to:

  1. upload or transmit viruses or other types of harmful code that may affect the functionality or operation of the Services;

  2. reproduce, duplicate, copy, sell, resell or exploit any part of the Services;

  3. collect or track the personal information of others;

  4. use spam, phishing, pharming, pretexting, spidering, crawling or scraping methods; or

  5. interfere with or circumvent the security features of the Services, related websites, other websites or the internet.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

Article 14 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

Article 15 - Disclaimer of Warranties

UNLESS EXPRESSLY STATED BY Gravex Parts, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Notwithstanding the above, nothing in these Terms of Service shall limit or exclude any statutory rights you may have as a consumer under applicable Dutch or European Union law, including but not limited to the Dutch Civil Code (Burgerlijk Wetboek) and EU consumer protection legislation. Such statutory rights cannot be waived or excluded by contract.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, Gravex Parts, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

Notwithstanding the above, nothing in these Terms of Service shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Dutch or European Union consumer law.

ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gravex Parts, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party as a result of or arising from:
(1) your breach of these Terms of Service or any documents incorporated by reference herein;
(2) your violation of any law or the rights of a third party; or
(3) your access to and use of the Services.

We will notify you in the event of a claim giving rise to indemnification, provided that failure to give timely notice shall not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such claim at your expense, including the appointment of legal counsel, but we will not settle claims that impose non-monetary obligations on you without your consent, which you may not unreasonably withhold. You are required to cooperate in the defense of claims giving rise to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so shall be deemed void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and interpreted in accordance with the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Gelderland, the Netherlands, without prejudice to your rights as a consumer under applicable Dutch or European Union law to bring proceedings before the courts of your place of residence.

ARTICLE 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms in any way.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website regularly for changes. We will provide you with notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept those changes.

ARTICLE 24 – CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at support@gravexparts.com

Our contact details are listed below:

Gravex Parts
support@gravexparts.com
Gelderhorst 20 7207 BH Zutphen The Netherlands
+31 6 57592016