Feedback

Parts Avatars Terms of Use & Conditions of Sale

(Last updated: December 15, 2021)

Welcome to PartsAvatar.ca.

Parts Avatar Investments Inc. and/or its affiliates ("Parts Avatar", “we”, “us”, or “our”) provide website features and other products and services to you when you visit or shop at partsavatar.ca (the "website"), use Parts Avatar devices, products, or services, use Parts Avatar applications for mobile, or use software provided by Parts Avatar in connection with any of the foregoing (collectively "Parts Avatar Services"). Please see our Privacy Policy and our Cookies Policy, to understand how we collect and process your personal information through Parts Avatar Services. Parts Avatar provides the Parts Avatar Services and sells our products to you subject to the conditions set out on this page.

Terms of Use

Please read these terms and conditions carefully before using Parts Avatar Services. By using Parts Avatar Services, you agree to these terms and conditions. Please read them carefully.

We offer a wide range of Parts Avatar Services, and sometimes additional terms may apply. When you use a Parts Avatar Service (for example Parts Avatar applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Parts Avatar Service ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

These Terms of Use include and hereby incorporate by reference the Conditions of Sale, as they may be in effect and modified from time to time.

1. ELECTRONIC COMMUNICATIONS

When you use any Parts Avatar Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, phone call, in-app push notices or by posting notices or communications on the website or through the other Parts Avatar Services, such as our zendesk powered chatbox. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Parts Avatar Services, we will recommend features, products, and services, including third party ads that might be of interest to you, identify your preferences, and personalise your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Parts Avatar Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Parts Avatar or its content suppliers or has been validly licensed to Parts Avatar or its content suppliers and is protected by Canadian and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Parts Avatar Service is the exclusive property of Parts Avatar and protected by Canadian and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Parts Avatar Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the content of any Parts Avatar Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Parts Avatar Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or m̃ade available through any Parts Avatar Service may be trademarks or trade dress of Parts Avatar. Parts Avatar's trademarks and trade dress may not be used in connection with any product or service that is not Parts Avatar's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Parts Avatar. All other trademarks not owned by Parts Avatar that appear in any Parts Avatar Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Parts Avatar.

5. LICENCE AND ACCESS

Subject to your compliance with these Terms of Use and applicable Service Terms and your payment of any applicable fees, Parts Avatar or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Parts Avatar Services. This licence does not include any resale or commercial use of any Parts Avatar Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Parts Avatar Service or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Parts Avatar or its licensors, suppliers, publishers, rights holders, or other content providers. No Parts Avatar Service, nor any part of any Parts Avatar Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Parts Avatar without our express written consent. You may not use any meta tags or any other "hidden text" utilising Parts Avatar's names or trademarks without our express written consent.

You may not misuse the Parts Avatar Services. You may use the Parts Avatar Services only as permitted by law. The licences granted by Parts Avatar terminate if you do not comply with these Terms of Use or any Service Terms.

6. YOUR ACCOUNT

You may need your own Parts Avatar account to use certain Parts Avatar Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

If you use any Parts Avatar Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any Parts Avatar Service: (i) in any way that causes, or is likely to cause, any Parts Avatar Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any Parts Avatar Services or terminate accounts if your behaviour gives justified reason to do so. This will, in particular, be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

7. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

You may post reviews, comments and other content, and submit, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Parts Avatar Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Parts Avatar Service, please notify us by contacting us through our website and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website or submit material (including any images, video or audio, all together "content"), and unless we indicate otherwise, you grant Parts Avatar (a) a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, make available, translate, create derivative works from, distribute and display, and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Parts Avatar for all claims brought by a third party against Parts Avatar arising out of or in connection with the content and material you supply. By deleting content from public view, you withdraw your license for Parts Avatar to publish and make available that content publicly.

8. INTELLECTUAL PROPERTY CLAIMS

Parts Avatar respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

9. RISK OF LOSS

Risk of loss and title for items purchased from Parts Avatar pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in your country.

10. RETURNS, REFUNDS AND TITLE

Parts Avatar does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Parts Avatar does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, used items or damaged items, we may charge a restocking fee, issue a partial refund, or refuse to issue any refund. Details about our return policies can be found by reading our Return Policy (https://partsavatar.ca/aftermarket-parts-return-policy).

11. PRODUCT DESCRIPTIONS AND WARRANTIES

Parts Avatar attempts to be as accurate as possible. However, Parts Avatar does not warrant that product descriptions or other content of any Parts Avatar Service is accurate, complete, reliable, current, or error-free. If a product offered by Parts Avatar itself is not as described, your sole remedy is to return it in unused condition.

Parts Avatar provides certain warranties relating to the products or goods sold on the website. Details about warranties can be found by reading our Warranty Policy (https://partsavatar.ca/warranty-on-auto-parts).

12. SANCTIONS AND EXPORT POLICY

You may not use any Parts Avatar Service if you are the subject of U.S. or Canadian sanctions or of sanctions consistent with U.S. or Canadian law imposed by the governments of the country where you are using Parts Avatar Services. You must comply with all U.S., Canada, or other export and re-export restrictions that may apply to goods, software (including Parts Avatar Software), technology, and services.

You agree that you will not export, re-export, or transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organisation, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organisations or entities.

13. OTHER BUSINESSES

Parties other than Parts Avatar may provide services or sell product lines through the Parts Avatar Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Parts Avatar. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their websites). Parts Avatar does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

14. DISPUTES

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Parts Avatar Service, or to any products or services sold or distributed by Parts Avatar or through Parts Avatar Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration shall be administered by the Canadian Arbitration Association (“CAA”) in accordance with the then-current Arbitration Rules of the CAA, including any expedited procedures. Arbitration hearings will be held in Vancouver, British Columbia or any other location that is mutually agreed upon by you and Parts Avatar.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our contact address indicated below. The arbitration will be conducted in accordance with the Arbitration Act (British Columbia).

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

15. OUR LIABILITY

We will do our utmost to ensure that availability of the Parts Avatar Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Parts Avatar Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Parts Avatar will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Parts Avatar Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PARTS AVATAR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARTS AVATAR SERVICES ARE PROVIDED BY PARTS AVATAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING AND SUBJECT TO THE WARRANTY POLICY OF PARTS AVATAR. PARTS AVATAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PARTS AVATAR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARTS AVATAR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PARTS AVATAR SERVICES IS AT YOUR SOLE RISK SUBJECT TO THE TERMS HEREIN.

TO THE FULL EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY POLICY OF PARTS AVATAR, PARTS AVATAR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY POLICY OF PARTS AVATAR, PARTS AVATAR DOES NOT WARRANT THAT THE PARTS AVATAR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PARTS AVATAR SERVICES, ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PARTS AVATAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PARTS AVATAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PARTS AVATAR SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PARTS AVATAR SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

16. APPLICABLE LAW

(Not applicable to Quebec consumers) By using any Parts Avatar Service, you agree that the Arbitration Act (British Columbia), the laws of the Province of British Columbia, and the laws of Canada applicable therein, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Parts Avatar and subject to Section 14, any disputes will be submitted to the courts of competent jurisdiction of the District of Vancouver (British Columbia).

For Quebec consumers: These Terms of Use and any dispute of any sort that might arise between you and Parts Avatar shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Please review our other policies posted on the Parts Avatar site. These policies also govern your use of Parts Avatar Services. We reserve the right to make changes to any Parts Avatar Services, policies, Service Terms, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term of these Terms of Use.

17. WAIVER

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

18. CHILDREN

We do not sell products for purchase by children. If you are under the age of 18 years or the age of majority in your jurisdiction of residence, you may use the Parts Avatar Services only with the involvement of a parent or guardian.

19. OUR CONTACT DETAILS

This website is owned and maintained by Parts Avatar Investments Inc.

OUR ADDRESS

Parts Avatar Investments Inc.

Suite 1500, 13540 - 102 Avenue

Surrey, BC, Canada - V3T 3X5

https://Partsavatar.ca

20. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotions may be available for a limited time.

21. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

22. Indemnification

You agree to indemnify, defend and hold harmless Parts Avatar Investments Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your intellectual property rights have been infringed, please submit your complaint by contacting us through our website. You may contact us to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.

Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Parts Avatar for all claims brought by a third party against Parts Avatar arising out of or in connection with the submission of a complaint.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on partsavatar.ca and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in a complaint submitted to Parts Avatar may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent

Parts Avatar

Parts Avatar Investments Inc.

Suite 1500, 13540 - 102 Avenue

Surrey, BC, Canada - V3T 3X5

Phone: 1-844-850-5333

Email:support@partsavatar.ca

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

21. NOTICE AND PROCEDURE FOR NOTIFYING PARTS AVATAR OF DEFAMATORY CONTENT

It is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a product advertised for sale on, the Parts Avatar website contains a defamatory statement, please notify Parts Avatar immediately by submitting a notice to us, following the instructions provided on our website at https://partsavatar.ca/

Important Warning: giving false, misleading or inaccurate information in the notice to Parts Avatar of Defamatory Content on partsavatar.ca may result in civil and criminal liability.

ADDITIONAL PARTS AVATAR SOFTWARE TERMS

The terms found below (the “Software Terms”) apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Parts Avatar Services (the "Parts Avatar Software").

  • Use of the Parts Avatar Software. You may use Parts Avatar Software solely for purposes of enabling you to use and enjoy the Parts Avatar Services as provided by Parts Avatar, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Parts Avatar Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Parts Avatar Software or otherwise assign any rights to the Parts Avatar Software in whole or in part. You may not use the Parts Avatar Software for any illegal purpose. We may cease providing any Parts Avatar Software and we may terminate your right to use any Parts Avatar Software at any time. Your rights to use the Parts Avatar Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Parts Avatar Software that are specifically identified in related documentation may apply to that Parts Avatar Software (or software incorporated with the Parts Avatar Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Parts Avatar Service is the property of Parts Avatar or its software suppliers and protected by Canadian and international copyright laws.

  • Use of Third Party Services. When you use the Parts Avatar Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  • No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Parts Avatar Software, whether in whole or in part, or create any derivative works from or of the Parts Avatar Software.

  • Updates. In order to keep the Parts Avatar Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  • Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Parts Avatar Software.

  • Conflicts. In the event of any conflict between these Terms of Use and any other Parts Avatar or third-party terms applicable to any portion of Parts Avatar Software, such as open-source licence terms, such other terms will control as to that portion of the Parts Avatar Software and to the extent of the conflict.

Conditions of Sale

These Conditions of Sale govern the sale of products by Parts Avatar to you. We offer a wide range of Parts Avatar Services, and sometimes additional terms may apply. When you use a Parts Avatar Service, you will also be subject to the terms, guidelines and conditions applicable to that Parts Avatar Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will supersede.

Please read these conditions carefully before placing an order with Parts Avatar. By placing an order with Parts Avatar, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Parts Avatar to buy the product(s) in your order. When you place an order to purchase a product from Parts Avatar, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Parts Avatar.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the My Account area of the website or emailed to you. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available.

2. PRICING AND AVAILABILITY

All prices are not inclusive of legally applicable taxes. We will provide the final price with applicable taxes at checkout.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

We will verify pricing when processing your order and before we take payment.

3. PRODUCT INFORMATION

Unless expressly indicated otherwise, Parts Avatar is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

4. CUSTOMS

When ordering products from Parts Avatar for delivery outside of Canada, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Parts Avatar, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5. OUR LIABILITY

Parts Avatar and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

6. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.