Clarko's Performance provides customers with information and a facility to purchase automotive parts and accessories online, (as well as shipping of finished products) (collectively, the "Services"). The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. Clarko's Performance reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), may be used in providing the Services, and are subject to the following reservation of intellectual property rights by Clarko's Performance.
All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by Clarko's Performance (collectively called the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by Clarko's Performance or its suppliers and service providers and is protected by international copyright laws. The Content on all pages of the Clarko's Performance website is provided solely for the use of Clarko's Performance customers to interact with Clarko's Performance and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with Clarko's Performance in or regarding such content Content.
All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Clarko's Performance (collectively called the "Marks") are proprietary to Clarko's Performance or other respective owners that have granted Clarko's Performance the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.
Limitations and Disclaimers
The information, content, services, products and materials contained or offered through the Clarko's Performance website, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. Use of the information, content, services, products and materials on this site is at the user's sole risk.
To the maximum extent permitted by law, Clarko's Performance disclaims all representations and warranties, express or implied, with respect to such information, content, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Clarko's Performance does not represent or warrant that the information, content, products or materials accessible via this site are accurate, complete or current, or that the services will meet any user's requirements or will be timely, uniterrupted, secure, or error-free.
Neither Clarko's Performance nor any of its affiliates, subsidiaries, suppliers or service providers in any event will be liable to any person or entity for any direct, special consequential, incidental, punitive or other indirect damages under any theory of law (i) arising out of user's use of this website in any manner; (ii) for any errors in the information, content, services, products or materials on this site; (iii) for the provision or use of any information, content, services, products or materials via this website; (iv) (for any nondelivery, misdelivery, late delivery, or lost or damaged shipments or for any other reason), including without limitation, damages for lost profits, business, data or user-provided materials, even if you have advised Clarko's Performance of the possibility of such damages.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Clarko's Performance reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between You and Clarko's Performance until Clarko's Performance exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.
Because this site is viewable internationally, not all products and services mentioned will be available in Your country. If Your have any questions about international service, email Clarko's Performance at email@example.com
We will either refund or credit (at our option) the charges You actually paid for the Products/Services (including shipping charges, if applicable) if you are not satisfied, subject to limitations described in the Section above entitled "Limitations and Disclaimers". In order to qualify for a refund or credit, the following limitations apply:
- To obtain a refund or credit, at our option, You must notify us within fifteen (21) days of the earlier of (i) the date of invoice or (ii) the date of shipment.
- For all other claims, including claims arising out of any nondelivery, misdelivery or late delivery, Your must notify us within thirty (30) days of the shipment date.
- In the case of a claim concerning any defective products, You must return the defective products to Clarko's Performance by calling us at +61 0419 741 121 or by sending an email message to firstname.lastname@example.org
- In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.
- 8. We are not obligated to respond or provide any credit or refund if Your have not paid for Services/Products or shipping costs, if applicable; or when Your request is not received within the time limits stated above.
Clarko's Performance will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.
Only one refund or credit is permitted per package. In the case of multiple-package shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.
A refund or credit will not be given for shipments delayed due to incorrect addresses or postal codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under "Limitations and Disclaimers." In addition, for shipments to and from International destinations, no refund or credit will be given if failure to timely deliver is the result of tax authority or customs or other regulatory delays.
This refund policy does not apply to undeliverable or returned shipments.
You agree to indemnify, defend and hold Clarko's Performance, its partners, employees, agents, affiliates. subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys\' fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any of Your activities conducted in connection with this site.
No Other Relationship
The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than HBM.