USE OF THE HIGHSIDER USA WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY.
Last Updated: January 6, 2021
- ACCESS TO THE WEBSITE
- YOUR ACCOUNT
International customers may be subject to VAT, custom taxes, or other cost in addition to the charges paid to P&W USA.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any merchandise on the Site does not imply or warrant that these items will be available at the time of your order. P&W USA reserves the right, with or without prior notice, to (i) limit the available quantity of or discontinue any item; (ii) refuse to sell any item or disallow a user from making or completing any or all Transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
P&W USA or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. If you provide us with an email address, we may utilize that email address for sending you email newsletters. You agree that we may send these email newsletters to you unless you opt out or unsubscribe from receiving them.
P&W USA does not ship orders to P.O. Boxes.
- RETURNS AND EXCHANGES
Within the first thirty (30) days from purchase, P&W USA will provide a full refund for any merchandise purchased through the Site once the product has been shipped by you and received in our facility. Requests for refunds must be accompanied by a proof of purchase. Refunds apply to merchandise which is still in new condition and has not been installed, used or, in the case of clothing merchandise, worn. Returned merchandise for any other reason other than warranty claims must be in like new condition. All returns are subject to inspection for determination of full or partial credit. Any returned part that shows evidence of being used or installed contrary to manufacturer’s instructions, and/or subjected to improper handling, packaging or return shipping by the customer, will not be eligible for exchange, refund or warranty consideration. All returned electrical items will be inspected and tested. If electrical item is deemed functional, no credit will be issued and the item will be returned. All sales are final on discontinued or closeout merchandise.
If a claim is made that the merchandise which was purchased through our Site is damaged or defective, we will provide a replacement product or a full refund within thirty (30) days from the date you ship the product and it is received in our facility, so long as the damage or defect is caused by normal wear and not by misuse of the product. For any returns after thirty (30) days, we offer a credit towards other future merchandise purchases.
Should a shipment arrive in damaged cartons, sign only for the packages received and be sure to indicate that they arrived damaged. Keep the cartons and inspect the merchandise for damage or shortages. Notify us immediately if necessary.
- LIMITED WARRANTY
P&W USA products must be properly installed, maintained and operated under normal conditions. We recommend that all installations are performed by a certified mechanic or dealership. Please study the installation instructions prior to starting the installation process.
All of P&W USA’s products, including electrical products, LEDs contained within any product, control modules, wiring, chrome and other components, are warranted for one (1) year from the date of purchase by the consumer.
P&W USA strives to display as accurately as possible the color of the products shown on the Site; however, P&W USA cannot and does not guarantee that your computer screen / monitor or phone’s display of any color will be accurate.
P&W USA products are often intended for use in specific applications. P&W USA makes no warranty if a P&W USA product is used in applications other than intended.
- ERRORS AND INACCURACIES
P&W USA’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. P&W USA makes reasonable efforts to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications or availability. P&W USA reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
- RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
- OUR CONTENT AND USER-SUBMITTED CONTENT
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music or software and other material (collectively “Content”) is owned or licensed property of P&W USA or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of P&W USA and protected by U.S. and international copyright laws. P&W USA and its licensors expressly reserve all intellectual property rights in all Content.
If you choose to submit any Content to the Site such as text, graphics, logos, images, audio clips, video, data, music, testimonials, user reviews, responses to questionnaires, Tweets, social media posts and other material (“User-Submitted Content”) you grant us a worldwide, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User-Submitted Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for us to provide, promote, and improve the Site and the merchandise on other media and services Such uses are allowed by you without compensation with respect to the User-Submitted Content that you submit, post, transmit or otherwise make available through the Site. If you do not wish to allow such use, you must not submit any User-Submitted Content to the Site. We may modify or adapt your User-Submitted Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User-Submitted Content as are necessary to conform and adapt that User-Submitted Content to any requirements or limitations of any networks, devices, services or media.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User-Submitted Content that you submit. You hereby agree to indemnify, defend and otherwise hold P&W USA harmless from any and all demands, claims and actions by third parties (individually and collectively, “Claims”), and all liabilities, judgments, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) incurred by such third parties in connection therewith (individually and collectively, “Liabilities”), resulting from any Claim that your User-Submitted Content infringes on the intellectual property or other proprietary rights of any third party, including any right of privacy.
- PROHIBITED USES OF THE SITE
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- conduct fraudulent activities on the Site;
- make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
- download, copy or transmit any Content for the benefit of any other merchant;
- frame, mirror or use framing techniques on any part of the Site without P&W USA’ express prior written consent;
- use any meta tags or any other hidden text utilizing P&W USA’ name or marks;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the P&W USA Site) or to the Site (impersonating another user);
- tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Site;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- OTHER INFORMATION YOU PROVIDE TO US
- We Provide Our site “As Is,” Disclaim All Warranties and Limit Our Liability
P&W USA cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL CONTENT ARE PROVIDED BY P&W USA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. P&W USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM P&W USA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WRITTEN WARRANTY CONTAINED ON YOUR PRODUCT OR PRODUCT PACKAGING WHICH HAS BEEN PROVIDED BY P&W USA, P&W USA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ITS PRODUCTS, THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
Under no circumstances, including but not limited to negligence, shall P&W USA be liable for any direct or indirect, special, incidental or consequential damages. This includes damages caused by OR RELATED TO (A) ANY delay; (B) ITEMS THAT ARE OUT OF STOCK; OR (C) claims for loss or damage to property, loss of use, loss of data or loss of profit arising out of the use OF THE SITE OR ANY OF OUR PRODUCTS. IN NO EVENT WILL we OR ANY OF OUR DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR EMPLOYEES (“released parties”) BE HELD LIABLE FOR ANY NEGLIGENT, TORTUOUS OR ILLEGAL CONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND P&W USA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND P&W USA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
- NO RIGHTS GRANTED TO OUR TRADEMARKS
The trademarks, service marks and logos of P&W USA which are used and displayed on our Site, including all marks related to the Highsider brand, are our registered and unregistered trademarks. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. We aggressively enforce our intellectual property rights. The name of P&W USA, Highsider, our logo or any of the trademarks or service marks may not be used in any way, including in advertising or publicity without prior written permission. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
In product descriptions, we may also make reference to brand names, product names, product models and company names which are not owned by P&W USA. These marks are only used to describe the compatibility of our products with the referenced products of other third parties. We make no claim to these marks, do not imply any affiliation with such brands or products, and are only using these marks to describe how our products may be used with these third-party products.
- Handling of Copyright Claims
- Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
- Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
- Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
- Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” You must also sign the notification.
This notification must be mailed to our designated Copyright Agent at Paaschburg & Wunderlich USA:
Paaschburg & Wunderlich USA, LLC
Attn: Copyright Agent
16315 Monterey Rd., Suite 100
Morgan Hill, CA 95037
Call: 408.465.4555 (M-F 9-5 PST)
- PREVENTING ACCESS BY MINORS
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
- SPECIAL TERMS FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to P&W USA 16315 Monterey Rd., Suite 100, Morgan Hill, CA 95037. Residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- APPLICABLE LAW AND JURISDICTION OF DISPUTES – SANTA CLARA, CALIFORNIA
The Site is controlled and operated by Paaschburg & Wunderlich USA, LLC, distributing the Highsider brand of products and doing business as P&W USA from the United States, and is not intended to subject P&W USA to the laws or jurisdiction of any state, country or territory other than that of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- GENERAL PROVISIONS
If you have any concerns about P&W USA or your use of the Site, please Contact Us with a detailed description, and we will try to resolve it.