Terms of service

Auto Fasteners and Clips Terms of Service

Welcome to www.autofastenersandclips.com (the “Site”), your source for automotive fasteners, clips and hardware supplies. These Terms of Service (“TOS” or “Agreement”) are a contract between Complete Product Group, LLC, d/b/a www.AutoFastenersAndClips.com, a Delaware limited liability company (“AFC,” “we” or “our”) and the customer purchasing one or more products through the Site (“you”). This Agreement apply to the purchase and sale of Products (as defined below) through the Site. By placing an Order (as defined below) from the Site, you affirm that you are of legal age to enter into this Agreement, and you accept and are bound by the terms and conditions of this Agreement. If you place an Order on behalf of an organization or company, you affirm that you have the legal authority to bind any such organization or company to this Agreement.

Electronic Communications. When you visit the Site, place an order (“Order”) for one or more products offered through the Site (“Product” or “Products”), or send e-mails to AFC, you are communicating with AFC electronically. You consent to receive communications from AFC electronically. AFC will communicate with you by e-mail, through your electronic placement of an Order, or by posting notices on this Site. Although we may also communicate with you through other media (telephone, text messages, U.S. mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Products and Product Warranties. All Products available for purchase through the Site are manufactured by third parties and not by AFC. Information about the Products, such as specifications, features, and performance, are provided by the manufacturer.

The warranties for Products, if any, are provided solely by the manufacturer. In connection with each Product, AFC may provide a link to the applicable manufacturer warranty. If such a link is not provided or if for any reason the warranty information is not available, please contact AFC at cs@autofastenersandclips.com and we will send you a copy of the manufacturer’s warranty, if any, by email. Any such warranties that are assignable by their terms are hereby assigned to you to the extent permitted by such warranty.

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AFC DISCLAIMER OF ALL PRODUCT WARRANTIES. AS BETWEEN YOU AND AFC, AFC PROVIDES THE PRODUCTS “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, TRADE PRACTICE, OR OTHERWISE.

AFC DISCLAIMS THE APPLICATION OF THE UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE EXTENT THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE TOS.

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PRODUCT RETURNS. Within 30 days of receiving your Order, you may return any Product that is unused, unopened, and in its original condition and packaging, for a refund. AFC reserves the right to refuse returns that do not comply with these requirements in its sole discretion. If we have made an error in your Order, we will refund to you the shipping and handling charges.

Returns Process:

1. The Product to be returned must be in its original, unopened, unused condition and must be complete, including all parts and packaging.
2. Call or send us an email requesting a return authorization number.
   1. 800-910-3720 8:30 to 5:00 Monday through Friday, eastern time.
   2. cs@autofastenersandclips.com
3. Write the return authorization number on the original packing slip, or a separate piece of paper with your name, address, email and phone number and include with the return.
4. Repackage the item in the original packaging.
5. Write the return authorization number on the outside of the shipping box.
6. Ship the item back to Auto Fasteners and Clips.

1. When we have received and processed the return, we will issue a credit to the credit card or PayPal account used for the original purchase in the amount of the Product plus any applicable tax. We refund the original shipping and handling costs only if the return is due to an error that we have made.

SOLE AND EXCLUSIVE REMEDY FROM AFC. The return options above are the sole and exclusive remedies provided to you from AFC, and AFC’s sole liability and responsibility, related to the Products and is in lieu of all other remedies by contract, by law, and at equity.

This does not limit your remedies available from the manufacturer, if any.

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Product Prices. The price for Products are stated in U.S. dollars. The full price for an Order will be displayed to you before you place an Order, and will include additional costs, such as taxes, shipping, and handling. Payment shall be due upon placement of an Order.

Order Cancellation. AFC may cancel an Order in the event it cannot fulfill the Order due to insufficient inventory of the Products. In the event AFC cannot fulfill the Order, AFC shall notify you of such cancellation. Once an Order is placed by you and accepted by AFC, the Order cannot be cancelled by you for any reason.

Product Pricing Errors. Despite AFC’s best efforts, some Products may be mispriced. If the correct price of a Product is higher than the stated price, AFC will, at its sole discretion, either contact you with instructions before the Order is shipped, or cancel the Order and notify you of such cancellation. If AFC cancels an Order because of a mispriced Product, AFC will refund the amount paid, if any.  

Product Information. AFC does not warrant that Product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. It is possible that, because of computer error, a database error, or other error, a Product offered on this site may be inaccurately described. In the event AFC determines that a Product description is or was inaccurate, AFC reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error.

Use of Site. AFC does not warrant that this Site or its server will be error-free, uninterrupted, or free from unauthorized access. AFC shall not have any liability or responsibility for any damage to your computer or data or any other damage you may incur in connection with this Site. Your use of this Site is at your own risk.

Risk of Loss. The risk of loss and title to Products pass to you upon our delivery of your Order to FedEx, UPS, the US Postal Service, or any other carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Responsibility for Use of Products. You are responsible for your use of the Product, including its proper and safe deployment, and use for its intended purpose. AFC shall not be liable to you or any third party for your use of the Product. Please contact the manufacturer of the Product or other qualified technician if you have any questions as to proper use or installation of the Product or if you need additional instructional materials relating to the Product.

Limitation of Liability for Damages. TO THE EXTENT PERMITTED BY LAW, AFC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCTS, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF AFC TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, TORT OR PRODUCT LIABILITY) SHALL NOT EXCEED THE ACTUAL AMOUNT PAID FOR THE PRODUCTS SUBJECT TO THE CLAIM. THESE LIMITATIONS ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE.

Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL DEFEND, PROTECT, INDEMNIFY AND HOLD AFC, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "INDEMNITEES") HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LAWSUITS, CAUSES OF ACTION, PENALTIES, FINES, ADMINISTRATIVE LAW ACTIONS AND ORDERS, REASONABLE EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) AND COSTS OF EVERY KIND AND CHARACTER (COLLECTIVELY, "CLAIMS/LIABILITIES") ASSERTED OR INITIATED BY A THIRD PARTY ARISING OUT OF (i) YOUR VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS; (ii) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION CONTAINED IN THIS AGREEMENT; (iii) ANY SECURITY OR DATA BREACH OR OTHER CYBER LIABILITY; (iv) ANY NEGLIGENT OR WILLFUL ACT OR OMISSION PERPETRATED BY YOU IN THE PERFORMANCE OF THIS AGREEMENT; AND (v) ANY INJURY OR DEATH TO ANY PERSONS OR DAMAGE TO ANY PROPERTY RESULTING FROM THE PRODUCTS.

Account Creation. To place an Order, you must first create an account and provide the requested transaction-related information, such as name, credit card and address verification. You represent and warrant that all information (and updated information) provided is accurate and complete. You shall not transfer the account to a third party and shall not enable third party access to the account. You will keep its passwords secure and will notify AFC of any suspected breach of security relating to your account. You represent and warrant that you are over the age of eighteen (18) years, have the right to transact business in the US and in Kentucky and the legal power to enter into this Agreement.  AFC, in the exercise of its reasonable business judgment, reserves the right not to fulfill an Order, terminate accounts, and cancel Orders, without liability to you.

Data. AFC owns the data generated by use of the Site, including the transactions relating to the purchase of Products. Subject to “Investigations” below, AFC shall not disclose or sell to any third party data that identifies nonpublic information about you but may use, disclose and sell data used in an aggregate manner that does reveal your nonpublic information.

Investigations. AFC reserves the broadest rights allowable under law and this Agreement to take actions it deems appropriate with respect to conduct in connection with the Site, information relating to use of your account, and the purchase and return of Products. AFC may use the account information and data to communicate with you regarding Orders and account activity, as set forth in its Privacy Policy (incorporated by reference) and this Agreement. Without liability to you, AFC may disclose data pursuant to legal process or in connection with government investigations or inquiries, and shall use reasonable efforts to notify you of any such disclosure.

Privacy. AFC incorporates its privacy policy as a part of this Agreement. Privacy Policy

Integrity of the Site. You shall not interfere with the operation of the Site, attempt to copy underlying technology, upload any viruses, harmful or other disabling code, or other computer programs, or use content posted to the Site except as authorized by AFC. You agree not to use any automated software (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site.

Intellectual Property Rights. As between the parties and excluding all third party Products, AFC retains all intellectual property rights in and to the Site, including trademarks, copyrights, patents, trade secrets, knowhow, and data rights. AFC grants no license to use such intellectual property rights. The sale of any Products to you in no way conveys to you, either expressly or by implication, any intellectual property ownership or license whatsoever.

Entire Agreement. This Agreement, together with an Order, the Refund Policy, the Shipping Policy, and the Privacy Policy and any other legal notices published by AFC on the Site or transmitted to you by email or as authorized by this Agreement, constitutes the entire agreement between you and AFC concerning the Products, this Agreement, and the Site. AFC reserves the right to make changes to the Site, its policies, and this Agreement at any time. You will be provided notice of any changes to the Agreement when you access the Site, access your account, place an Order, or receive a communication from AFC as authorized by this Agreement. Placement of Orders constitutes acceptance of such changes.

Termination of Agreement. In the event of a material breach, response to legal process, concern for the integrity of the Site, reasonable suspicion of improper conduct at the Site, or other good faith belief, or alteration of its business model, AFC may in its sole discretion suspend or terminate an account, limit services to which an account holder has access, or terminate this Agreement. Either party may terminate this Agreement if there is a material breach by the other that is not cured within five (5) business day after receipt of written notice of such breach. Prior to termination, you are responsible for ensuring that you have possession of all data and information relating to your account with AFC and your purchase of Products. All provisions of this Agreement which, by their nature survive termination (including, but not limited to, intellectual property ownership, disclaimer of warranties, indemnification, and limitations of liability) shall survive any termination of this Agreement.

Place of Business; Governing Law. The Site and the commercial transactions relating to the Products are deemed to be located in and delivered from Cold Spring, Kentucky. This Agreement is entered into, performed in, and based in the city of Cold Spring, County of Campbell, State of Kentucky, USA.   Neither this Agreement, nor the Site, nor the sale of Products gives rise to personal jurisdiction over AFC, either specific or general, in jurisdictions other than Kentucky. This Agreement shall be governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles.

Venue for Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, or the breach thereof, whether in law or in equity, shall be resolved through the state or federal courts located in Cold Spring, Kentucky. The parties agree to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such claim.

No Implied Waiver. No waiver by AFC shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of AFC.

Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the intent of the parties set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.

Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.

International Considerations.   AFC makes no representations that the Site or the proposed commercial transactions are appropriate or available for use in locations other than the United States.   Those who access or use the Site from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.

Assignment. AFC may freely assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party without your prior written consent.

Notices. AFC may provide notices, including those regarding changes to this Agreement, by email, first class mail, and postings to the Site. Notice is deemed given upon the earlier of (a) actual receipt (including electronic communications and communications via social media), (b) twenty-four (24) hours after an email is sent, (c) three (3) days after first class mail is deposited with the U.S. Postal Service, or (4) five (5) days after a notice is posted to the Site.

Force Majeure. It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement (except for a your payment obligations) by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; pandemic, epidemic, or quarantine restrictions; cyber-attacks or any other interruptions, loss, or malfunctions or utilities, communications or computer (software or hardware) services, or any other cause not within the control of such party whose performance is delayed. Upon the giving of prompt written notice to the other party of any such causes of a delay or failure in its performance of any obligation under this Agreement, the time of performance by affected party shall be extended to the extent and for the period that its performance of said obligations is prevented by such cause.

Effective Date. This Agreement is effective on the date last signed. You “sign” and accept this Agreement by completing the checkout process and submitting an Order.