Terms and Conditions

THESE TERMS AND CONDITIONS TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

Colors

Apache Offroad does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of the product.

Use Of Site

All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of Apache Offroad, its affiliates or content providers of Apache Offroad, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of Apache Offroad. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative of Apache Offroad.

THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE APACHE OFFROAD DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH CONTENT AND INFORMATION. APACHE OFFROAD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Your Status

By placing an order through Our Site, you warrant that you are:

(a)legally capable of entering into binding contracts; and (b)at least 18 years old.

Permitted Use

You must only use the Site for the purpose of ordering Products and activities directly related to doing so e.g. communicating with us and researching products (the Permitted Use).

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or otherwise “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. Apache Offroad may, at its discretion, investigate occurrences that involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from Apache Offroad on the Site and other than generally available third party web browsers

You will be responsible for the security of any password you use on this Site. Apache Offroad may, in its sole discretion, monitor the use of any password.

User Submitted Content And Conduct

Except as otherwise provided elsewhere in these Term and Conditions or on the Site, anything that you submit or post to the Site and/or provide Apache Offroad, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Apache Offroad and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Apache Offroad and shall not be returned to you.

In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant Apache Offroad and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by Apache Offroad will not infringe upon or violate the rights, including intellectual property rights, of any third party.

You agree not to use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead Apache Offroad or third parties as to the origin of any Submissions. You agree not to post any content that is: illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or is otherwise generally objectionable or constitutes any manner of: political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” all of which constitute prohibited conduct. Apache Offroad may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).

Although Apache Offroad may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Apache Offroad is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Apache Offroad will fully cooperate with any law enforcement authorities or court order requesting or directing Apache Offroad to disclose the identity of anyone posting any such information or materials.

Prices and Payment

All prices and charges on this site are shown in US dollars. They exclude any VAT payable .

The total cost of your order will be the total price of the products and services you order, which will be set out clearly in your Shopping Basket before you submit your order.

Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.

We try very hard to ensure that all information on this site is accurate.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

We accept payment by Mastercard, Visa, Delta and Switch/Maestro, American Express, Diner’s Club, Corporate or Business Cards. Payment is deducted when we process your order.

Contract Formed Between Us

After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgment). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other Products within a separate ‘Confirmation of your order’.

Cancellation

• Order cancellations are subject to Apache Offroad’s prior approval.
• You must email customer service at [email protected] and provide us with your order number, order date and full details of the order that is being cancelled.

Availability And Delivery

• Apache Offroad will use its best endeavours to effect delivery in the time stated (if a time is stated in writing) but if Apache Offroad fails to do so by reason of:

(a) inability to obtain supplies of materials or parts from approved sources;

(b) any strike, shortage of labour or lockout;

(c) war, riots, accident, civil commotion, fire, Act of God; or

(d) any other event whatsoever beyond the reasonable control of Apache Offroad,

• Apache Offroad may at its option cancel the Contract or any unfulfilled part or extend the time for its performance or completion by the time lost because of the event preventing or delaying delivery.
• Unless otherwise agreed in writing, Apache Offroad will deliver the Products to the buyer’s premises during business hours. The invoice will be included with the package.
• Delivery is deemed to occur when the Products are unloaded at the buyer’s premises (or other premises agreed by the parties). If the buyer fails or refuses, or indicates to Apache Offroad that it will fail or refuse, to take or accept delivery, then (unless otherwise agrees) the Products will be deemed to have been delivered when Apache Offroad was ready, willing and able to deliver them.

Risk And Title

• The Products will be at your risk from the time of delivery.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Return/Refund Policy For Items Purchased Only On Apache Offroad Website

If you have an issue with your order, please contact our Customer Service Department at [email protected].

Any products that have been purchased through Apache Offroad, can ONLY be returned by the original purchaser. We will not accept direct returns from the seller’s customers.

All returns must be authorized by Apache Offroad, and be granted an RMA # Prior to being shipped back. If an Item is received by our receiving department without an RMA # we will not be able to accept the return.

Returns for products purchased directly on our website, can be made if;

Products arrive from Apache Offroad, to the customer,
either broken or damaged.

Contents of the shipment arriving from Apache Offroad,
are incorrect.

All Returned items must be packaged with all original contents and MUST BE UNINSTALLED AND IN NEW CONDITION.

All “Close-out” items are FINAL SALE, and may NOT be returned.

All Other Returns Must be in New, Uninstalled Condition, & Eligible for resale, and will be subject to a 20% Restocking Fee. Please note that the original shipping cost will not be refunded. If an item was purchased with Free Shipping, Apache Offroad still paid for shipping on that item, and that portion will not be refunded.

Items that are Damaged during an installation are NOT returnable, Professional Installation is Recommended. Likewise, if you install a damaged part, it is not returnable, and must be replaced under warranty if applicable.

Refunds

For a full refund, returns must be made within 14 days of purchase, on REGULAR priced merchandise, ordered on Apache Offroad Website; subject to our return policy.

Product And Site Content

Proper service and repair procedures are vital to the safe, reliable operation of all motor vehicles as well as the personal safety of those performing the repairs and are not the responsibility of Apache Offroad. Standard safety procedures and precautions (including the use of safety goggles and knowledgeable use of proper tools and equipment and exact compliance with the instructions included with products) are strongly recommended at all times to limit the possibility of personal injury or death or improper service which could damage the vehicle or compromise its safety. Professional Installation is recommended on all products sold through Apache Offroad.

All products designed and manufactured by Apache Offroad are intended to be used off-road and should be professionally assembled per the terms in the installation guide. Apache Offroad shall not be held liable for damages or loss associated with the installation and use of its products. Follow your Motor Vehicle Manufacturers roof rack and roof weight ratings when loading your roof rack, Do not overload your roof rack. Doing so may result in loss of control, rollover, injury or death.

THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” APACHE OFFROAD AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. APACHE OFFROAD AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. APACHE OFFROAD DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CERTAIN STATES AND JURISDICTIONS, THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE NOT PERMITTED AND SO THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU. TO THE EXTENT THAT APACHE OFFROAD AND ITS AFFILIATES MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTIES OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Limitation Of Liability

APACHE OFFROAD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THIS SITE, THE PRODUCTS, OR FUNCTIONS ON THIS SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN CERTAIN STATES AND JURISDICTIONS, THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS ARE NOT PERMITTED AND SO THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU. TO THE EXTENT THAT APACHE OFFROAD AND ITS AFFILIATES MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTIES OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Warranty

(a) The manufacturer warranty terms and conditions are as detailed in the Product warranty leaflet that is supplied with the relevant products.

(b) Should you wish to report a problem with, or request warranty for, a Product please contact Apache Offroad Customer Service on [email protected].

(c) Nothing contained in these terms and conditions excludes, restricts or modifies the application of any implied condition or warranty, the exercise of any right or remedy, or the imposition of any obligation, right or liability implied or conferred under the United State Consumer Law, or any other statute, to the extent that doing so would contravene that statute or cause any part of this these terms and conditions to be void.

(d) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Apache Offroad are expressly excluded from these terms and conditions.

(e) To the extent that the US Consumer Law permits Apache Offroad to limit its liability, then Apache Offroad ‘s liability will be limited to:

(1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; or

(2) in the case of goods, replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired..

Intellectual Property

Apache Offroad will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Apache Offroad or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Apache Offroad.

Links

This Site may contain links to or be accessed through links that are owned and operated by independent third parties. We provide links as a convenience and the inclusion of the link does not imply that Apache Offroad endorses or accepts any responsibility for the content on those sites. Apache Offroad is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of authorized of any other sites, to which this Site may be linked to or from which this Site may be accessed. Further, Apache Offroad is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Severability

If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof.

Applicable Law

By visiting the Site, you agree that the laws of Texas,USA without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Apache Offroad