Please review these terms carefully, as these TERMS OF SALE (the "Terms") govern your purchases on the CARQUEST Auto Parts website and constitute a binding legal agreement between you and CQ Sourcing, Inc., d/b/a "CARQUEST Auto Parts" (herein referred to as "CARQUEST Auto Parts", "we" or "us"), the owner of the CARQUEST.com website (the "Website"). By ordering products, including automotive parts ("Products"), or services (collectively or individually "Products/Services") through the Website, whether you pick-up or receive those Products/Services from a local CARQUEST Auto Parts store, you signify your acceptance of these Terms, as they may be amended from time to time, in CARQUEST Auto Parts’ sole discretion. You also agree that independently owned CARQUEST Auto Parts stores may be utilized to fulfill Products/Services ordered through the Website. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to these Terms are effective when posted on the Website.
CARQUEST Auto Parts accepts orders for Products/Services through the Website. You may place your order on our Website at any time (subject to any planned or unplanned periodic downtime). All Products/Services ordered from the Website are to be picked-up by you at a local CARQUEST Auto Parts store that you designate during the order process ("Pick-Up"). You must pay for the Products/Services online at the time you place the order. After placing your order, please follow the Pick-Up instructions listed on the Website in order to receive the Products/Services you purchased and within the time period the Products/Services are available. CARQUEST Auto Parts will send you a proof of purchase of the Product/Services to the email address you provide, which you must bring with you in order to receive the Products/Services from the store. In addition, CARQUEST Auto Parts will provide the proof of purchase information on the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired. If you have any questions regarding the ordering process, please contact CARQUEST Auto Parts by phone at 1-800-854-3999 or by email at firstname.lastname@example.org.
CARQUEST Auto Parts allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide CARQUEST Auto Parts with your card information, CARQUEST Auto Parts will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. CARQUEST Auto Parts will not bill your credit card or process a transaction under your debit or check card until you pick up the Product or arrive to the local store to receive the Service. Once your order has been accepted by the Website, CARQUEST Auto Parts will send you confirmation to the email address you provided indicating that your order is ready for Pick-Up ("Order Confirmation"). To verify the order and to prevent unauthorized transactions, you must present the Order Confirmation (in printed form or from your mobile device) and acceptable identification to the local CARQUEST Auto Parts store representative in order to complete the order. Your receipt will be the Order Confirmation; you will not receive a receipt at the local CARQUEST Auto Parts store unless you purchase additional parts while at the store.
CARQUEST Auto Parts accepts American Express, MasterCard, and Visa with a billing address within the United States. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. The Website requires the credit, debit, or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Products/Services and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay CARQUEST Auto Parts for charges, CARQUEST Auto Parts reserves the right to immediately suspend or terminate Pick-Up of the Product/Services.
Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Online prices and selection may vary from those in CARQUEST Auto Parts stores. Prices and offers are subject to change, and CARQUEST Auto Parts stores are not required to honor online pricing for in-store sales.
We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. Through the manufacturer's warranty period, all unopened, undamaged, and unused Products purchased through the Website may be returned for a refund or exchanged at the local CARQUEST Auto Parts store where you picked up the Products. After the manufacturer's warranty period has expired for any Product, the sale of such Product becomes final and no returns or exchanges are allowed. All unused Services purchased through the Website may be returned or exchanged within thirty (30) days of the date of purchase.
If you dispute any charge for purchases of Products/Services on the Website, you must notify CARQUEST Auto Parts in writing within sixty (60) days of any such charge. Failure to so notify CARQUEST Auto Parts shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by CARQUEST Auto Parts.
THE MANUFACTURER'S WARRANTY OF PRODUCTS CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS/SERVICES. EXCEPT TO THE EXTENT SET FORTH ABOVE WITH RESPECT TO MANUFACTURER'S WARRANTY, THE PRODUCTS/SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CARQUEST AUTO PARTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS/SERVICES, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. CARQUEST AUTO PARTS DOES NOT WARRANTY THAT OPERATION OF THE PRODUCTS/SERVICES WILL BE ERROR-FREE OR THAT PRODUCTS/SERVICES WILL IN EVERY CASE PERFORM AS DESCRIBED ON THE CARQUEST AUTO PARTS WEBSITE.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CARQUEST AUTO PARTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS/SERVICES, EVEN IF CARQUEST AUTO PARTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CARQUEST AUTO PART'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS/SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OR FEES PAID BY YOU TO CARQUEST AUTO PARTS, ITS SUBSIDIARIES OR ITS AFFILIATES FOR THE PRODUCT/SERVICES. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CARQUEST AUTO PARTS DISCLAIMS ALL LIABILITY OF ANY KIND OF CARQUEST AUTO PARTS’ SUPPLIERS.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
Except to the extent a claim arises out of CARQUEST Auto Parts’ negligence, fraud or willful misconduct, you agree to defend, indemnify and hold harmless CARQUEST Auto Parts, its shareholders, affiliates and/or partners (including independently owned CARQUEST Auto Parts stores), and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively "CARQUEST Auto Parts Indemnitees") from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Products/Services purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products/Services.
Except for monetary obligations hereunder, neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
You may not use or otherwise export or re-export the Products/Services purchased via the Website except as authorized by the laws of the jurisdiction in which the Products/Services were obtained. In particular, but without limitation, the Products/Services may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent that you are not located in any country or on any list where the provision of Product/Service to you would violate applicable law. You also agree that you will not use Products/Services for any purposes prohibited by applicable law.
(a) If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(b) These Terms are governed by the laws of the State of North Carolina, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to any Product/Service or these Terms shall be subject to the exclusive jurisdiction of state or federal courts located in Wake County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts.
(d) Each party shall perform its obligations under these Terms in compliance with all applicable international, federal, state and local laws, regulations and ordinances.
(e) Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of CARQUEST Auto Parts. CARQUEST Auto Parts may freely assign and delegate any of its rights or obligations hereunder.
If you have any questions about any Product/Service or these Terms or would like to learn more about CARQUEST Auto Parts, please write to us at CQ Sourcing, Inc., 4721 Hargrove Road, Raleigh, NC 27616, or by phone at 1-800-854-3999 or by email at email@example.com.
Terms of Sale: last updated March 6, 2012.