Terms and Conditions:
Our return policy allows for returns up to 30 days from the original shipment date. If 30 days have passed since your shipment date, unfortunately, we cannot take the product back any longer for a refund or exchange.
To be eligible for a return, your item must be unused and in the same "new" & "unused" condition that you received it in. It must also be in the original packaging as well & include any accessories included with the product. We do not take back used or installed Performance or Suspension parts whatsoever, no exceptions. (We are not able to resell used or installed performance or suspension components) There are no returns available for any aftermarket tuning devices, including, but not limited to the Burger Motorsports JB4 tuner.
A 20%-25% restocking fee applies for all returns, depending on the item. In most cases, this fee covers the cost of the original shipping to send the item to you, packaging, transaction fees, insurance costs, and handling fees to ship and return your item. In certain cases, the restocking fee can be up to 30% depending on the item being returned & the manufacturer policies.
Please do not send your purchase back to the manufacturer, unless we have specifically instructed you to do so. All returns must be approved before you ship an item or items back to us. Please make sure to contact us and obtain instructions for returning your item.
There are certain situations where only partial refunds are granted: (If applicable)
Any item returned not in its original condition, damaged or missing parts for reasons not due to our error, will not be eligible for a return, or only a partial refund may be issued. Any item that is returned more than 30 days after the original shipping date will not be eligible for return.
Order Cancelation Request:
As of March 1st, 2020, any orders that need to be canceled before they are shipped, will have a mandatory 4% transaction fee deducted from the refund amount. (5% for international credit cards & 6% for Shop Pay installments) This is due to the fact that we are not refunded the transaction fee from the credit card processor, PayPal or Shop Pay when you place your order. (Please understand this policy when requesting us to cancel your order that you placed, because you changed your mind)
Custom items cannot be returned/exchanged upon any condition, unless there is a manufacturer defect with the item itself. Custom items include any item that is painted when ordered, stitched when ordered, or any other item not in stock that is custom made or purchased once you order. Examples of this would be painted trunk or roof spoilers, custom embroidered products, 3D printed products in your color choice, or any other custom made item, including items special ordered, not listed on our website.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. Refunds are processed within 24-48 hours of receiving the item here at our facility.
If your refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, and usually appears within 3-5 business days back in your account.
Late or missing refunds:
If you haven’t received a refund after 3-5 business days of being notifed it was processed, first check your bank account again. Then contact your credit card company to confirm, as it may take some time before your refund is officially posted.
If you’ve done all of this and you still don't see the refund back in your account, please contact us at: Sales@K5OptimaStore.com.
Sale or discounted items:
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded unless pre-approved by management.
We are able to replace items if they are defective or damaged. If you need to exchange an item for the same item, send us an email first to approve the exchange to: Sales@K5OptimaStore.com.
To return your product, once approved, you should mail the item to:
K5 Optima Store
10244 Topanga Canyon Blvd.
Chatsworth, CA 91311
You will be responsible for paying for your own shipping costs for returning your item, unless the reason for the return is our mistake.
If you are shipping an item over $25, you should consider purchasing shipping insurance. We don’t guarantee that we will receive your returned item. If lost in shipment or damaged, you are responsible for the cost of that item.
Terms and Conditions of Sale:
The term "Seller" refers to K5 Optima Store The term "Purchaser" refers to the purchaser of any product manufactured by, purchased from, or installed by Seller (a "Product").
1. The acceptance of Purchaser's order and the sale contract between Seller and Purchaser resulting there from are expressly conditioned upon these Terms and Conditions of Sale (the "Terms and Conditions"). In the event of any conflict between these Terms and Conditions and Purchaser's purchase order, or any other document or any other communication from Purchaser, these Terms and Conditions prevail.
2. All prices are F.O.B. Seller's facility. Method and route of shipment are at the Seller's discretion. Delivery of a Product to a carrier of Seller's choice constitutes delivery to Purchaser ("Delivery") and, regardless of freight payment, risk of loss while in transit shall pass to Purchaser at such time. Purchaser shall make claims for loss or damage to Products while in transit only against the freight carrier of such Products.
3. Seller shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to any acts of God, acts of Purchaser, acts of civil or military authority, terrorist threats, fire, strikes, or other labor disputes, accidents, floods, epidemics, pandemics, war, riot, delays in transportation, lack or inability to obtain raw materials, components, labor or fuel supplies, or other circumstances beyond the Seller's reasonable control, whether similar or dissimilar to the foregoing.
4. Prices quoted are exclusive of any and all federal, state, and local taxes of any nature whatsoever, and if, in connection with this transaction, the Seller is subjected to any such tax by any taxing authority whatsoever, the same will be added to the purchase price to be paid by Purchaser.
SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTY OF PATENT OWNERSHIP OR OF NON-INFRINGEMENT OF ANY PROPRIETARY RIGHT. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND IN NO EVENT SHALL SELLER'S CUMULATIVE LIABILITY TO PURCHASER FOR DAMAGES RESULTING FROM OR RELATED TO ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, SETOFFS, LIENS, ATTACHMENTS, DEBTS, EXPENSES, JUDGMENTS OR OTHER LIABILITIES OF WHATSOEVER KIND OR NATURE, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS (COLLECTIVELY "CLAIMS") , REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY PAID BY PURCHASER TO SELLER FOR A PRODUCT.
SELLER SHALL NOT BE LIABLE FOR AND PURCHASER AGREES TO INDEMNIFY AND TO HOLD SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENT COMPANY, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ARISING OUT OF OR RELATED TO (a) PURCHASER'S USE OF PRODUCTS (b) ANY ACT OR OMISSION OF PURCHASER (c) PURCHASER'S WILLFUL MISCONDUCT OR (d) PURCHASER'S FAILURE TO COMPLY WITH ANY LAW, RULE OR REGULATION.
WITHOUT LIMITATION TO THE FOREGOING: (I) PURCHASER EXPRESSLY ACKNOWLEDGES THAT USE OF THE PRODUCT MAY VOID ANY OR ALL WARRANTIES APPLICABLE TO ANY VEHICLE IN WHICH A PRODUCT IS INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY VOIDED WARRANTIES RELATED TO OUR ARISING OUT OF USE OF A PRODUCT; (II) PURCHASER EXPRESSLY ACKNOWLEDGES THAT PRODUCTS MAY CAUSE DAMAGE TO ANY VEHICLE IN WHICH SUCH PRODUCTS ARE INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY DAMAGE TO A VEHICLE ALLEGEDLY CAUSED BY A PRODUCT; AND, (III) PURCHASER EXPRESSLY ACKNOWLEDGES AND HEREBY AGREES THAT PURCHASER IS FAMILIAR WITH AND AGREES TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS RELATED TO PRODUCTS ("APPLICABLE LAWS") AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS RELATED TO OR ARISING OUT OF ANY ALLEGATION THAT PURCHASER FAILED TO COMPLY WITH APPLICABLE LAWS.
6. No waiver alteration or modification of any of the provisions hereof shall be binding on the Seller unless agreed to by Seller, in writing.
7. Failure or delay on the part of either party to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing.
8. Without regard to principles of conflicts of laws, this agreement shall be governed by and construed in accordance with the laws of the state of California, United States of America. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY RELATED DOCUMENT MAY BE BROUGHT ONLY IN THE COURTS OF THE STATE OF CALIFORNIA, IN LOS ANGELES COUNTY OR OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. BOTH PARTIES WAIVE ANY RIGHT TO ANY OTHER VENUE.
9. The terms and conditions of sale set forth herein contain the total sale contract between the parties and all proposals, negotiations, representations, recommendations, statements or agreements made or entered into prior to or contemporaneously with this sale contract, except as specifically agreed to in writing by the Seller, whether oral or in writing, are excluded.
10. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, ordinance or regulation, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. All remaining provisions shall remain in full force and effect.
Except as may be expressly provided on this site to the contrary, all materials or other information found on this site or found on any other World Wide Web site owned, operated, licensed or controlled by K5 Optima Store may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without K5 Optima Store’s prior written consent.
K5 OptimaStore reserves the right, without prior notice and without incurring any obligations, to discontinue or change the services offered on this site.
COPYRIGHT AND TRADEMARK:
All copyrights, trade dress, trademarks or other intellectual properties provided on this site are owned by K5 Optima Store or by other parties who have licensed their materials to us. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold K5 Optima Store harmless from any claim related to the unauthorized use of any information on this site. You acknowledge that the unauthorized use of the content of this site could cause irreparable harm to K5 Optima Store and therefore in the event of such an unauthorized use K5 Optima Store will be entitled to an injunction in addition to any other remedy available at law or in equity. All rights not expressly granted hereunder are reserved.
SUBMISSIONS AND USE OF THIS SITE:
You are solely responsible for the content of any submissions that you may make, and you agree not to submit information that is unlawful, defamatory, abusive or obscene. You further agree not to submit anything that may violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
K5 Optima Store does not desire to receive confidential or proprietary information from you through this site. You agree not to submit any information that you may consider proprietary or confidential. You agree that any materials, ideas or other information submitted to this site are provided to K5 Optima Store with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use such materials, ideas or other information throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the submission is labeled or otherwise marked as confidential or proprietary.
K5 Optima Store makes no representations whatsoever about any other Web site that you may access through this site. The appearance of a link on this site does not imply or otherwise suggest that K5 Optima Store is affiliated with, associated with supports or otherwise endorses such a site. K5 Optima Store has no ability to control the content of any other site and therefore K5 Optima Store is not responsible for the content found on any linked site. You access linked sites at your own risk.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this site shall be resolved in accordance with the laws of the state of California. You consent to the exclusive jurisdiction of the federal and state courts of the State of California with respect to any claim, action, suit or other proceeding arising out of or relating to your use of this site. The prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
ALL INFORMATION IS PROVIDED BY K5 OPTIMA STORE ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. K5 OPTIMA STORE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
IN NO EVENT WILL K5 OPTIMA STORE BE LIABLE TO ANY PARTY FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF K5 OPTIMA STORE IS NEGLIGENT OR IF K5 OPTIMA STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. K5 OPTIMA STORE'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
K5 Optima Store does not guarantee the uninterrupted or error-free use of this site or that its server will be free of viruses or other harmful components or defects. Any use of information on this site is at your own risk.
Your privacy is important to us. K5 Optima Store respects your privacy and will take reasonable care to protect any information that we may receive from you. We believe you have the right to browse our site anonymously.
THE INFORMATION WE COLLECT:
From time to time we may request that you provide certain personal information, such as your name, e-mail address or phone number. This information will only be collected with your knowledge and used with your permission, such as to improve our service. We may also collect non-personal information about your transactions with us or with companies who advertise on our site, including information about your use of products and services that we or they offer. We will take the efforts described in this policy to protect your personal information.
When you visit our site we may also collect non-personal data about your visit, including the type of browser you are using, your domain name, the name of the Web page from which you entered our site, the pages you view and the order that you view them in, how much time you spend on each of our pages and the IP address associated with your computer. We will use this information only to improve our site's performance and operation. Your use of our site will remain anonymous unless if you choose to provide us with your information.
We may use aggregated information concerning how visitors use our site and share such information with third parties in order to improve our site and to help us attract advertisers and listings. For example, we may share how many individuals visited our site and how long they stayed on each page on average. Such use and sharing of aggregated information will not reveal any of your personal information to third parties.
We reserve the right to engage other companies to perform a variety of functions, such as to assist with promotions, provide technical assistance, etc. These companies may use your private information only to the extent necessary for these companies to fulfill their functions, and for no other purpose. We will not make your information available to any unrelated business or activity for any reason.
We reserve the right to use or disclose any information as needed to satisfy any law, regulation or other legal request, to protect the integrity of this site, to fulfill your requests or to cooperate in any law enforcement investigation or any other investigation related to public safety.
K5 Optima Store takes your security seriously and will take reasonable steps to protect your information. Unfortunately, however, data transmissions over the Internet cannot be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, which information you transmit at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. K5 Optima Store has implemented the use of Secure Socket Layers to help mitigate the risks associated with unauthorized access. When transmitting certain kinds of information we will use SSL encryption. An icon resembling a padlock is displayed on the bottom of most browsers windows during SSL transactions. The information that you provide to us will be stored securely on our servers.
K5 Optima Store also maintains reasonable physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. We also work with vendors and partners to protect the security and privacy of user information. We also limit access to personal information about you to those employees, vendors, contractors agents, or affiliates who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
If K5 Optima Store learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may also post a notice on our site if a security breach has occurred. We may also send an e-mail to you at the e-mail address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notices) you should notify us at Sales@K5OptimaStore.com
CHOICE AND CONTROL:
If you provide us information about yourself or your company, we would like to be able to contact you with details about new offers and services. If you wish to be excluded from these offers, you will have the opportunity to opt-out of the marketing use of your information when you provide it to us or at the time that we contact you. You may also request information about your account with us, including a copy of your customer profile. We will provide this information to you at your request, and will update and correct your profile if you wish to make changes.