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Terms & Conditions

Last Updated: February 10, 2024

 

 

These Terms and Conditions (these "Terms") apply to the purchase and sale of products and services through audiocityusa.com (the "Site"). These Terms are subject to change by Audiocity Wheels, Inc., dba AudioCity USA (referred to as “ACUSA”, "us", "we", or "our") without prior written notice at any time, at our sole discretion. Please review these Terms prior to purchasing any product and/or services that are available through this Site and your continued use of this Site confirms your acceptance of and agreement to such changes; these Terms contain very important information regarding your rights and obligations, conditions, limitation, and exclusions so please read completely. Any changes to the Terms will be in effect as of the "Last Updated: Date".


These Terms apply generally to the use of our Site and you may not order and/ or obtain products and/or services if you (a) do not agree to these terms, (b) are not of legal age for entering into a binding contract, and/or (c) legally prohibited for any reason to receive products and/or services from us. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

 

 

Order Acceptance and Cancellation

We will not be obligated to sell the products and/or services to you unless the order is accepted by us. You agree that your order is an offer to buy, adhering to these Terms, all products and/or services listed in your order. We may choose not to accept orders, even after we send you a confirmation email with your order number and details of the items you have ordered, at our sole discretion for any reason.

We will assist customers with cancellation of an order that has not been shipped and are not marked as custom order/ non-refundable items. Items that have been shipped already cannot be canceled or modified. Order cancellations should be submitted the same day that the order is placed in order to avoid order cancellation/ restocking fees. Cancellations can be done through our customer service or sales team who can be reached via phone.

Your request will be processed as quickly as possible, but please note that sometimes products ship quicker than expected. Orders cancelled after the order has fully processed or shipped are subject to a fee of 30% cancellation/ restocking fee plus any shipping charges that were incurred by Audio City USA. If the product(s) have been ordered from our suppliers or have been shipped, your order is subject to all freight and handling charges plus a 30% restocking fee.

 

Non-Returnable products cannot be cancelled or modified once installation/ manufacturing has begun.

 

These items include, but not limited to:

 

Items that are "Non-Refundable"

Wheel and Tire Packages

Items that have already shipped cannot be cancelled or modified.

 

 

Lowest Price Guarantee

We scour other websites to bring you the best prices on wheels and accessories. You may find other websites advertising lower pricing and if it is a valid website with the item in stock, we will match or beat their price. Before you ask us to match another website's pricing, they must be an authorized dealer of the brand of wheels, they must have the exact wheels with the correct offset and size in stock, and the price must be in writing. We do not go by a screenshot of the checkout cart, an email, or take one’s word. We reserve the right to call the merchant that you are comparing prices in order to check the pricing and availability. We do not honor price matching from websites that do not advertise the correct MAP pricing, and reserve the right to refuse the guarantee if we deem the website is fraudulent or not an authorized dealer.

 

 

Prices and Payment Terms
(1) Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We do our best to keep prices on our website accurate and up to date. Sometimes typing errors occur. If you notice a price on our website that looks wrong or too good to be true (such as a $500.00 wheel listed for $5.00), it's probably an error. We will correct the error as soon as it is brought to our attention. We reserve the right to decline, suspend, cancel, reject or limit the quantities of any order placed due to any and all pricing errors. We will notify you if there is a pricing discrepancy of the product(s) you ordered. If your credit card or Paypal account is charged and if the product ordered is unavailable we will make all attempts to issue a refund promptly. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.


(2) Any and all promotions/discounts cannot be combined, is subject to availability, and can be cancelled and/or modified at any time without prior notice. There are times that a promotion/discount can end suddenly due to another promotion/discount beginning and we reserve the right to refuse to honor a promotion or discount if the promotion or discount no longer applies. The promotion/discount terms will supersede these terms when there is a pricing conflict.


(3) We accept payments through our payment provider for credit card transactions, PayPal, or through our financing providers, Affirm, Progressive Leasing, Synchrony, etc., for all purchases. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. For purchases made through eBay, we accept all approved payment methods through the eBay site. You represent and warrant that (a) the credit card information you supply is true, correct and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 

 

Product Availability

We try very hard to keep products on our website accurate and up to date. As with most custom wheel websites, we offer many styles of wheels from many manufacturers. Some of these wheels we have in our inventory and most of them are available from the manufacturers' inventories. Not all styles, colors, sizes, offsets or bolt patterns are available at all times. Our inventory as well as the manufacturers' inventories are constantly changing. We do our best to remove discontinued styles and add the new ones, but keeping them updated is a continuous process and we do our best to keep them up to date. We reserve the right to decline, suspend, cancel, reject or limit the quantities of any order placed due to the product being unavailable. We will notify you if the product(s) you ordered are unavailable. If your credit card or Paypal account is charged and if the product ordered is unavailable we will make all attempts to issue a refund promptly. We appreciate your understanding in this matter.

 

 

Fraud Prevention

We practice fraud prevention techniques which include verification of your payment account and address confirmation. We may also use third-parties to help us validate, analyze or access the risk of any order placed on our website. We reserve the right to decline or reject any order placed without giving any reason. Fraud attempts will be reported to the authorities and will be prosecuted to the fullest extent of the law. We appreciate your understanding in this matter.

 

 

Shipping and Delivery
(1) We will arrange for shipment of the products to you once your order is processed and packed. Specific delivery options are available, but some options my be limited based on your location. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges include the costs we incur in the processing, handling, packing, shipping, and delivery of your order.


(2) A tracking number will be e-mailed upon shipment of your order. The fixed/free shipping prices for shipping & handling charges only applies to residents of the continental United States. Extra charges will apply for shipments to Hawaii, Alaska, US Territories, and APO/FPO. A sales representative will contact you regarding the extra shipping costs.

We normally ship within 48-72 hours after receipt of a cleared Paypal or Credit Card payment with a confirmed address before 5 PM Pacific Standard Time during weekdays if the wheels are readily available. There are times that shipping will take longer: back-ordered items, items that did not pass quality checks, etc. We will inform the customer if there is a foreseeable shipment delay.

To ensure a fast and safe delivery we use FedEx, DHL, USPS, UPS and a variety of Ground/Air shipping and freight services. Available shipping methods may vary for different destinations. There are other products which require more time, generally due to physical location, carrier or warehouse accessibility, and other conditions that are out of control of ACUSA, or the shipping provider. For custom or made to order items shipping time varies dramatically as they may have to be manufactured, painted, modified, and or assembled. 

Products that are oversized must ship truck freight/LTL which differs from ground shipments. NOTE: These oversized items require inspection and a signature upon delivery.

All shipments to HI, AK, PR, APOs, Guam, & Virgin Islands might require extra shipping charges.

All shipments to international destinations are subject to additional shipping charges which may not be captured until after the order has been placed. It is the recipient's responsibility to pay all applicable duties, taxes, and brokerage fees.

 

 

Title and Risk of Loss

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

 

Returns and Refunds

Except for any products designated on the Site as final sale or non-returnable, we may accept a return of the products for a refund of your purchase price, less the applicable restocking fee (30%), provided such return is requested within seven (7) days of original receipt of merchandise and product is in original condition.

Please inspect all products for damage as soon as you receive them. You are responsible for test fitting wheels-only orders to the vehicle prior to mounting tires. Once tires have been mounted, wheels-only orders on not returnable/refundable.
For wheels and tires package purchases, you are responsible for test fitting the products before driving on the products. Once wheels and tires package have been mounted on the vehicle, we do not accept any returns. Please share fitment concerns before you place your order.
For suspension and accessory items, any signs of installation or attempted installation, will not be returnable and will be returned to the sender with no refund being issued, unless it is warranty-related.

To initiate the return/refund process, please contact us for a return authorization. Once approved, all items must be returned within fourteen (14) days. Money will be refunded via the original payment method minus all fees. Once the product is returned, please allow fourteen (14) days for receipt of funds.

We are not able to give credit on merchandise which has been damaged during return shipping due to improper packaging. It is the customer's responsibility to make sure the wheels are packaged correctly and protected from being damaged.

We will not accept returns on special order wheels or used items.

 

ALL ITEMS MUST BE APPROVED FOR REFUND AND MUST OBTAIN A RETURN AUTHORIZATION (RA) NUMBER PRIOR TO BEING RETURNED.

 

Please contact us for a RA (Return Authorization) number, packaging and shipping instructions. Items returned without a RA number will be refused and any shipping/ freight charges will be the responsibility of the customer.

 

For orders delivered within the continental US where the reason for return is based on the customer no longer needing or wanting the product, purchasing the wrong product where the description is proper, or any reason that is not the result of ACUSA's error, the cost of the initial shipping charge and a return fee will be deducted from your refund. A prepaid shipping label(s) may be provided on a case by case basis.

 

Products requiring freight, LTL shipping, or international shipping, while valid returns are accepted, note that the shipping charges will be an amount based on the estimate from the shipping carrier, which may be substantially higher and it may result in the shipping costs exceeding the cost of the product.

 

Products requiring freight, LTL shipping, or international shipping, while valid returns are accepted, note that the shipping charges will be an amount based on the estimate from the shipping carrier, which may be substantially higher and it may result in the shipping costs exceeding the cost of the product.

 

Also note that coordination of the return shipping will be the responsibility of the customer. In the event an error is made by ACUSA, a return shipping label will be provided.

 

Any returns related to defects, damage, fitment or other flaws will require additional inspection at times. Depending on the product, we may also require that you send the product back to the source for inspection. In the event that you bring the product to your own mechanic who provides a report, we reserve the right to request verification by having the product shipped back to our source for additional inspection.

 

Any incorrect parts must not in any way be assembled, installed, or modified. Any sign of assembly, installation or modification will deem the parts non-refundable/ non-returnable.

 

The few exceptions for items that cannot be returned include:

 

Custom Built Orders.

 

Custom Wheel and Tire Packages.

 

 

Defective, Damaged or Incorrect Items

While ACUSA strives to ensure that the products purchased will be the right fit, the first time, in perfect condition and proper fitment, sometimes due to factors outside of our control, products may be damaged in transit, defective from the assembly line or otherwise are simply incorrect.

 

It is unfortunate, but sometimes, product(s) might come damaged due to mishandling during shipping. We ask that you contact one of our customer service representatives and they will help assist with the necessary steps needed.

 

Upon delivery, please inspect all packages for defects or damages. If you receive a defective or damaged item, take as many pictures of the product and the packaging, make a note of the damage on the shipper’s receipt, notify the shipping company and file a damage claim form. If necessary, we can assist in this process. Please notify us promptly so we can send you a replacement once all claims are settled. All damage claims must be made within 24 hours of receipt of goods.

 

FOR DEFECTIVE RETURNS, PLEASE REFER TO THE MANUFACTURERS’ WARRANTY INCLUDED WITH THE PRODUCT OR THEIR RESPECTIVE WEBSITES.

 

If your product(s) arrive defective, damaged, or incorrect, not at the fault of the customer, do not attempt to use, install, modify, or repair the part. Please contact our customer service team, who will assist during the process, work with you, and find the best solution to your issue.

 

In the event of an exchange or replacement, once you have contacted our customer service team, our team will work with you to help facilitate the transaction. During this time, photos or video of the particular damage, defect, or fitment issues may be requested in order to correctly process your request, assess the issue and underlying cause, and determine the next best steps.

 

If accepted, we will provide you with a prepaid return label to return the defective, damaged, or incorrect product. Upon return, we will inspect the part, which may require additional proofs, such as photos, videos or assessments, and upon confirmation of the defect, damage or incorrect product at no fault of the customer, the exchange or replacement will be processed. We ask customers to be patient with this process because it can take an unforeseeable amount of time to get things sorted involving the wheel manufacturers or the shipping/ freight companies.

 

Products must be shipped within 3 days after final approval of return or exchange. Please note that products must be in the original packaging and there are additional requirements for products that ship freight.

 

Please be advised that the returns, refunds or exchanges under this section do not apply to warranty claims. Warranties on products are offered by the manufacturers, and each manufacturers' timeframes, terms and conditions, and schedules vary. While warranty claims are specific to each manufacturer, ACUSA will make every attempt to help customers with valid warranty claims.

 

 

Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty. Please contact us at support@audiocityusa.com or (888) 814-1158 if you have any questions regarding the warranty on a specific product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty or contact us with any questions. At our discretion, we will cover the costs involved with warranty claims up to seven (7) days from the date of delivery. After the seven (7) day period, the costs involved with the warranty claim is your responsibility. As such, please notify us as soon as possible if you have any issues, questions, or concerns.


ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANT ABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Some Jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer my not apply to you.


You agree that ACUSA shall not be liable, under any circumstances, or any breach of warranty claims or for any damages arising out of the manufacturers’ failures to honor their warranty obligations to you.

 

 

Limitation of Liability

The limitation of liability set forth shall: (a) only apply to the extent permitted by law; and(b) not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

In no event shall ACUSA be liable to you or any third party for indirect, incidental, consequential, punitive or enhanced damages, lost profits or revenues, arising our of, or relating to, and/or in connection with any breach of these terms regardless of whether or not we were advised of the possibility of such damages or were foreseeable and the legal theory upon which the claim is based.

Our sole and maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products and/or services you have ordered through the Site.


 

Consumer Reviews

Consumers, at their sole discretion, shall have the ability to provide feedback on any products or services received. Feedback may be in the form of posted content, commentary, images, media files, or otherwise a variety of methods. Please note that any consumer feedback provided shall not be considered confidential and may be used for public posting, along with the consumer's name, city, state, year, make, model of vehicle, and organization.

 

The Consumer has the sole responsibility for any content submitted, or issues that arise therefrom. In the event that the Company offers an incentive to prompt the consumer for such feedback or review, such incentive shall not be modified based on the content of the response, but is offered solely for participation. While reviews are designed to reflect the true impression of the party submitting the information, ACUSA reserves the right to modify or remove any Party Submission(s) that (a) are in violation of any of the standards herein; (b) contain any confidential or private information; (c) contain commentary unrelated to ACUSA’s products and/or services; (d) are contrary to the business interests of ACUSA; and (e) contain information that is clearly false or misleading.

 

Note that ACUSA does not endorse any consumer submission or any opinion, recommendation or advice expressed, and expressly disclaims any and all liability in connection with consumer submissions. The party submitting the consumer submissions is solely responsible for any interactions with other users.

 

 

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, audiocityusa.com/shop/Privacy-statement, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

 

Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

 

 

Dispute Resolution and Binding Arbitration
(1) You and ACUSA are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim or dispute (whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and ACUSA arising from or relating in any way to your purchase of products and/or services through the Site, will be resolved exclusively and finally by binding arbitration.


(2) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.


(3) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.


(4) You agree to an arbitration on an individual basis. In any dispute, neither you nor ACUSA will be entitled to join or consolidate claims by or against other customers in court of in arbitration or otherwise participate in any claims as a class representative, class member or in a private attorney general capacity. The arbitration tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

 

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

 

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ACUSA.

 

 

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

 

Notices
(1) We may provide any notice to YOU under these Terms by sending a message to the email address you provide Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(2) To give ACUSA notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Audiocity Wheels, Inc. 13133 Telegraph Road, Santa Fe Springs, CA 90670. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

 

Legal

This limited warranty is the sole express warranty given and is IN LIEU of all other express warranties, whether oral or written. All implied warranties, including, without limitation, warranties of merchantability of fitness for a particular purpose are hereby disclaimed. This warranty expires upon transfer of title of any products by the original retail purchaser. No warranty or representation by anyone other than the manufacturer shall be binding.

 

Test fit all wheels on vehicle prior to mounting tires. If there are any issues with the wheels, please do not mount tires. If you mount them, you own them. Customer assumes FULL responsibility for wheel/tire fitment. The wheel/tire specifications provided with respect to offset, finish, wheel width, bolt pattern and tire size are accurate, however final fitment is the responsibility of the customer. Please be sure to take into account brake caliper clearance, lug nut size or lug bolt size/length, vehicle ride height and age/condition of vehicle. Professional installation and fitment advice is HIGHLY recommended. Some vehicles may require additional modifications. If you have any questions about fitment, please feel free to contact us at (888) 814-1158.

 

ACUSA disclaims all loss, and is not responsible for, any additional charges, labor, loss or damage incurred as they are related to the products purchased from ACUSA unless otherwise permitted under these Terms and Conditions. This disclaimer applies in all events, and to all situations.

 

In addition to the general disclaimer above, ACUSA specifically disclaims the following categories of loss:

 

Additional charges arising from any labor costs associated with the products. Specifically, ACUSA will not pay for any labor costs associated with the products.

 

ACUSA will not pay for any loss of use of vehicle, loss of time traveling back and forth to auto body shops, posts offices', experts, etc., lost time at work if the vehicle is used for work, customer remorse, a locality restricting a product at a later point in time after purchase, additional costs associated with shipping and storage of the products which includes damages associated with delayed deliveries.

 

While we work to avoid any errors, omissions or any misstatements that may appear on the ACUSA's website, we do reserve the right to cancel any undelivered orders based on inaccurate information.

 

Please do keep in mind that this disclaimer applies to all products offered on ACUSA's website, and in the event of any conflicting terms contained on specific pages of the website, the terms contained in this Terms and Conditions, and disclaimer, shall control.

 

 

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

 

Entire Agreement

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and ACUSA on the matters contained in these Terms and Conditions.