Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ninosport Performance Parts. The collective work includes works that are licensed to Ninosport Performance Parts. Copyright 2009, Ninosport Performance Parts ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ninosport Performance Parts or purchasing Ninosport Performance Parts products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ninosport Performance Parts or to purchase Ninosport Performance Parts products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ninosport Performance Parts. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Ninosport Performance Parts used in the site are trademarks or registered trademarks of Ninosport Performance Parts


Warranty Disclaimer
Most parts we sell carry a manufacturer's warranty. Please check with each specific part. Warranties are non-transferable.� Ninosport does not offer any warranties on parts that do not carry a manufacturer's warranty. To the fullest extent permissible pursuant to applicable law, Ninosport Performance Parts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ninosport Performance Parts does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ninosport Performance Parts does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Ninosport Performance Parts shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ninosport Performance Parts has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Ninosport Performance Parts product is mistakenly listed at an incorrect price, Ninosport Performance Parts reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ninosport Performance Parts reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ninosport Performance Parts shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ninosport Performance Parts without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Ninosport Performance Parts may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ninosport Performance Parts.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ninosport Performance Parts products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ninosport Performance Parts products) must be commenced within one (1) year after the claim or cause of action arises. Ninosport Performance Parts's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ninosport Performance Parts may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ninosport Performance Parts or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Ninosport Performance Parts does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ninosport Performance Parts is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ninosport Performance Parts reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ninosport Performance Parts in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Ninosport Performance Parts, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Ninosport Performance Parts may link to sites operated by third parties. However, even if the third party is affiliated with Ninosport Performance Parts, Ninosport Performance Parts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ninosport Performance Parts. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ninosport Performance Parts seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Returns and Exchange Policies

Wrong Parts Ordered / Decide Not to Keep Parts�Ninosport makes every attempt to accurately describe the parts we sell and clearly state their intended application. We offer free tech support by phone and email to answer any questions regarding the parts we sell. It is strongly recommended that the customer verify that all parts match the intended application before submitting an order.�In the case the wrong part is ordered or if the part is no longer wanted, the customer must contact Ninosport within 15 days of receiving the item to request a refund or exchange.�After 15 days all sales are final. To return the part(s) the customer must obtain an approved RMA number from Ninosport and ship back all item(s) via prepaid standard ground shipping in their original packaging with 100% of the original contents. Items sent back without an approved RMA number will be refused. A 10% restocking fee will be charged on any order that is returned. Shipping charges are non-refundable including actual shipping costs incurred by Ninosport with any �Free Shipping� offer. Additional fees may be charged for any missing parts, damage to the item, or is not in resellable condition. No refunds on electrical parts or PCM tuners.� No Returns on any installed exhaust parts!

Damaged or Defective Parts�All items are shipped to the customer in good condition. However, manufacturer defects or mishandling by the shipper can cause parts to arrive damaged. It is strongly recommended that all items be inspected for damage or defects upon receipt.��In the case damaged parts are received, the customer must contact Ninosport within 3 business days to report the incident.�After 3 business days all claims of damaged or defective parts will be refused. The shipping damage claim will be filed with the shipper by Ninosport. Ninosport will issue a "call tag" from the carrier to pick up damaged item(s).� Customer will be issued an RMA number from Ninosport for the return of damaged parts.� Items sent back without an approved RMA number will be refused and all damaged claims will be null and void. A fee may be charged for any missing items.�In the event that an item is received defective�the customer must file warranty claims directly with the manufacturer unless instructed otherwise by the manufacturer.� Ninosport will be happy to assist customers with any warranty claims processes with manufacturer, however, the manufacturer and only the manufacture has the sole discretion on warranty claims resolutions.� Ninosport has not input or leverage with warranty claims.� No refunds on electrical parts or PCM tuners.

Please see our Store Policy regarding damage of Take-Off Parts.�Click Here.

Wrong Parts Received�Ninosport makes every attempt to ship all orders quickly and accurately. Occasionally, a mistake is made and the customer receives a part they did not order. It is strongly recommended that the customer verify that all delivered items match the Sales Order before any installation takes place.�In the case incorrect parts are received, the customer must contact Ninosport within 15 days to report the error.�After 15 days all sales are final. If the error is verified by Ninosport, an exchange for the correct part will be processed. The customer must obtain an approved RMA number from Ninosport and ship back all item(s) in their original packaging with 100% of the original contents. Items sent back without an approved RMA number will be refused. Up to a 20% fee may be charged for any missing parts, damaged, or is not in sellable condition.

Shipping
Orders are normally shipped within 24-48 hours, however, in some cases longer shipping times may occur. If you need the part(s) by a specific date please notify us by phone. Ninosport ships to any location where UPS, FedEx, and the US Postal Service can deliver. Free shipping offers only apply to destinations within the continental United States and items will be shipped via standard ground shipping. Orders destined for locations outside the continental U.S. must be submitted by phone so that shipping charges can be calculated. Three-day, two-day, and overnight shipping services are available at an extra charge. Multiple item orders may be shipped separately and on different days. A 20% restocking fee will be charged on any order if delivery is refused. We cannot ship to P.O. boxes.


Payments Accepted and Taxes
We accept Visa, Mastercard, Discover, American Express, PayPal (confirmed address only), bank wire transfers, and cashier or certified checks. We do not accept personal checks or CODs. Ninosport collects sales tax (currently 8.25%) on all orders shipping to Texas.


Prices
Prices are subject to change without notice. In the event that an incorrect price is listed or advertised, Ninosport reserves the right to refuse or cancel any orders at the incorrect price. We apologize in advance for any inconvenience this may cause.

Order Cancellation
Customers may cancel any unshipped order without penalty by calling our toll-free number 1-866-646-6776 during business hours. We do not accept cancellation notices by voicemail, fax, or email. Ninosport reserves the right to cancel any unshipped order without customer approval, but the customer will be notified. If an order has already shipped and the customer wants to cancel it, the Return Authorization procedure must be followed and a restocking fee may apply. Refusing delivery of an item does not constitute an order cancellation and a 20% restocking fee will be applied.


Back Orders
From time to time parts ordered may not be available and a back-order is required.� If this occurs with your order Ninosport will notify you of the back-order via email, give you the estimated shipping or delivery times for your back-ordered item(s), and/or offer you any options in finalizing your order.� All items from your order that are not back-ordered will be shipped directly to you.


Special Orders
Special order items may not be cancelled, exchanged, or refunded if the item has already been manufactured, produced, or created even if it has not been shipped. All sales are final on Special Orders. Pre-payment is required for Special Order items.


Installation and Labor Costs
Ninosport assumes no liability for any installation or labor costs the customer may incur in connection with parts purchased from us.


Electrical Items
All electrical items, including Tuners, Chips, and Meters, are non-refundable and may only be returned if defective and only for replacement.


Take-Off Parts
Take-Off Parts are not brand new parts. These are factory original, factory painted parts that are taken off vehicles destined to be converted into aftermarket vehicles such as Saleen or Roush. Because these parts are handled during the removal process they may sustain minor damage including, but not limited to, scratches and knicks. Most Take-Off Parts are shipped in very good condition with little or no signs of handling, and any sustained damage can generally be buffed out or easily repaired. We do not ship broken or heavily damaged Take-Off Parts. However, we must stress the fact that these are not brand-new parts and the price reflects this reality. Brand-new parts are available from us, but they generally cost hundreds of dollars more. Because of the nature of these parts, all Take-Off Parts must be examined for shipping damage prior to signing for delivery of parts from the shipper. Any damage claims after the item has been signed for will be refused. All sales of Take-Off Parts are considered final.


Legality of Parts
Many of the parts we sell are intended for off-road use only and may not be installed on pollution controlled verhicles or used on public roads. Ninosport makes no claim as to the legality of any part we sell. Customer assumes all risk and liability associated with these products.