Digital Performance LLC. (“DPCAUTO”) has established these terms and conditions so you will know what you can expect from us to ensure you have an enjoyable shopping experience.
The use of this website (www.dpcauto.com and all affiliated sites) is governed by the policies, terms, and conditions set forth below. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms of use and conditions and you acknowledge that (i) you have read and understand these terms of use and conditions and that you agree to be bound by the terms, conditions and provisions set forth herein, as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in these terms of use and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this site, without which agreement dpcauto.com would not enter into this agreement or permit you to use this site. Your use of this site, your placement of an order, or your submittal of any purchase order to www.dpcauto.com indicates acceptance of these terms and conditions.
You agree to be bound by and accept this agreement as applicable to your purchase of product(s) from this site. These terms and conditions are subject to change without prior written notice at any time, in our sole and absolute discretion.
Governing Law
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. VENUE
IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN
THE STATE OF NEW YORK, CITY OF NEW YORK AND COUNTY OF QUEENS AND YOU CONSENT
TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK, CITY OF NEW YORK
AND COUNTY OF QUEENS.
If any provision or portion thereof set forth in these terms of use of the
policies of this site are found to be unlawful, void or, for any other reason
unenforceable, then such provision or portion thereof shall be deemed severable
and shall not affect the validity and enforceability of any other provision.
To the extent permitted by applicable law, you agree, that, by using this site,
regardless of any statute or law to the contrary, any claim or cause of action
that you may have arising out of, in connection with, or relating to, your use
of this site and/or these terms and conditions or policies of this site, must
be filed within one (1) year after the claim or cause of action accrued or such
claim or cause of action shall forever be barred.
Indemnity
You agree to indemnify, defend and hold harmless DPCAUTO, its shareholders, directors, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of this site.
These Terms and Conditions May Change
DPCAUTO reserves the right to update or modify these terms of use at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by the terms of use as modified. For this reason, we encourage you to review these terms of use whenever you use this site.
Correction of Errors and Inaccuracies
The information on this site may contain typographical errors or inaccuracies
and may not be complete or current. We therefore reserve the right to correct
any errors, inaccuracies or omissions and to change or update information at
any time without prior notice (including after you have submitted your order).
All pictures are for illustration purposes. Please note that such errors, inaccuracies
or omissions may relate to product description, product picture, pricing and
availability. We apologize for any inconvenience this may cause you.
Errors & Omissions
In the event a product is listed at an incorrect price due to an error, DPCAUTO
reserves the right to refuse or cancel any order placed for products listed
at the incorrect price. DPCAUTO shall have the right to refuse or cancel any
such order 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 canceled, DPCAUTO shall issue a credit refund to your credit card account
in the amount of the incorrect price and the product order will be cancelled.
Warranty Policy
All products, unless otherwise noted, include a warranty either provided directly
by the manufacturer or through DPCAUTO. Depending on the manufacturer and the
defect, the product may be repaired, replaced, or refunded. Please read below
for complete details on the three types of warranties offered.
Warranty is void if serial tags, receiving numbers, product stickers, or manufacturer
seals have been removed, altered or tampered with. Warranty is also void due
to abuse, misuse, defacing, and improper operation or installation.
Products damaged due to improper or inadequate packaging when returned are not
granted warranty coverage. There is no charge for repairing products covered
by warranty apart from shipping costs.
DPCAUTO shall not be held liable for incidental loss of use, installation or
removal and reinstallation charges associated with defective product.
Customers/buyers who are covered by the warranty MUST pay to ship the item
back to our location. DPCAUTO assumes responsibilities to ship the repaired
or replaced item from our bond to customer in continental USA.
Alarm / Amplifier Installation:
Due the difficulty of installation, car alarms and amplifiers may only be warranted
if installed professionally.
Proof of installation may be required for warranty claims.
Repaired, Exchanged, Replaced Merchandise:
Products returned (by repair or replacement), will be covered by a 30 day repair
warranty only.
Manufacturer's Warranty
Each product sold on this site is packaged with applicable manufacturer's warranty
and service information detailing specific terms and conditions. We encourage
you to complete the product registration information and return any registration
cards to the manufacturer so that they can contact you if necessary in the future.
While dpcauto.com sells only new and unused product, DPCAUTO is not an authorized
reseller of certain of the products listed for sale on this site. To be an authorized
reseller, manufacturers may require that DPCAUTO abide by manufacturer’s
suggested and minimum selling prices*. DPCAUTO would be unable to provide you
with the low cost of the products sold on this site if DPCAUTO were to comply
with certain manufacturer’s suggested and minimum selling prices. In those
instances where DPCAUTO is not an authorized reseller of the products sold,
these manufacturers may decline to offer the manufacturers warranties that usually
accompany the product being purchased. These products may be purchased directly
from the manufacturers with such manufacturer’s warranties but may not
be offered by such manufacturers at the deeply discounted prices offered by
DPCAUTO. In such instances where a manufacturer’s warranty may not be
available, we make every effort to provide you with such information prior to
your completing your purchase. DPCAUTO cannot be responsible for the decision
of a manufacturer not to offer or abide by such warranties.
• Manufacturer's warranties are covered in full by the manufacturer for
the period listed within the product manual.
• Products may be sent to the nearest manufacturer service center for
repairs to be completed.
• Warranty periods depend on the specific manufacturer and product.
• Due to the level of difficulty for car alarm and amplifier installations,
both products may only be warranted if installed professionally. Proof of installation
may be required for warranty claims.
• Any product in which specific serial tags/numbers, receiving numbers,
product stickers, or seals (manufacturer or warranty) have been removed, altered
or tampered with.
• Enforceable only by the original purchaser.
DPCAUTO Warranty:
• DPCAUTO warranty is a repair or replace warranty enforceable only by
the original purchaser.
o Replacements are available for a limited number of manufacturers and are provided
at the discretion of DPCAUTO and/or the original manufacturer.
o Replacements are not available for the following list of manufacturers.
Products by the following list of manufacturers are repair only when a product
defect occurs within the warranty period (day 1 through day 365 from the date
of receipt):
-Alpine
-Clarion
-Infinity
-JBL
-JVC
-Kenwood
-Memphis
-Rockford Fosgate
• Goods covered under the DPCAUTO warranty must be sent back to our company
for warranty service to be completed.
• The warranty covers only manufacturer defects for products.
• The warranty does not cover:
o Misuse, abuse, or improper installation / operation.
o Subwoofers and speakers will not be warranted against any of the following
damages:
- Burnt voice coils (blackened, no continuity, melted adhesives, coil separated
from the former, etc.)
- Punctured or damaged surrounds.
- Broken speaker terminals
- Bent, chipped or broken frames
- Ripped spiders or damaged back plates. DPCAUTO shall not be held liable for
incidental loss of use, installation or removal and reinstallation charges associated
with defective or returned product.
• Due to the level of difficulty for car alarm and amplifier installations,
both products may only be warranted if installed professionally. Proof of installation
may be required for warranty claims.
• Any product in which specific serial tags/numbers, receiving numbers,
product stickers, or seals (manufacturer or warranty) have been removed, altered
or tampered with.
• Subwoofers and speakers submitted with any of the above issues will
be considered out of warranty and returned at the customer's expense.
Dead on Arrival Policy:
• Professional installation receipt documentation is required for all
dead on arrival claims.
• Claims must be submitted within 7 days to be eligible for a replacement
or refund
• Some manufacturer's have no replacement warranty and can only be sent
for repair. Due to manufacturer's restrictions brands such as Alpine, Kenwood,
Kicker, and others can only be repaired and not replaced.
• Products missing original packaging, manuals, accessories or parts will
be subject to a 15% restocking fee
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THIS SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.
Disclaimer
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS"
BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DPC DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. IN ADDITION, DPC DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
PRICES ARE SUBJECT TO CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
