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.
All orders placed with 1320 Performance (phone, fax, mail, internet/web & e-mail) constitute the acknowledgement and acceptance of all conditions listed on 1320 Performance Price List and all conditions listed below.
All 1320 Performance products are designed for "Off-Road" use only. Products are not approved by any Law Enforcement Agencies, The Department of Transportation, EPA, ARB or Local Authorities for use on public roads. Installation of some 1320 Performance products may void your insurance and/or manufacturer warranty. Some products are NOT legal for sale or use in California on any pollution controlled motor vehicles. Please check all local laws before ordering any products.
Any order that is cancelled due to buyer's request/ remorse will subject to 4% credit/ debit processing fee. Those fee are charged by Merchant service when the order was originally placed and was not refunded.
Some of our restricted-use items require buyer to fill out certain forms to be processed. It is customer's responsibility to review the form first to be sure the vehicle is qualified before placing the order. Once the form is submitted, our team will review the form before the order is processed. The order will be cancelled and refunded ( minus the 4% credit card processing fee) if the form is not filled out completely or the vehicle is not qualified.
All parts shall remain the property of 1320 Performance until paid for in full. All orders shipped to a California address must pay state, county & city sales tax as required by the California State Board of Equalization. In the event that an order placed on the web does not calculate sales tax and the order is being shipped to a California address, 1320 Performance will calculate the sales tax when the order is processed and call or e-mail the customer with the new amount.
All prices, materials, design, color, contents included with a product, and product specifications are subject to change without notice. Some product images may be shown with optional items that are sold separately. Depending on the product(s) ordered and the destination of the order, certain shipping services may not be available.
All Credit Card Orders can only be shipped to the VERIFIED BILLING ADDRESS. Credit Card orders will not be shipped until all information are verified and matched. All unpaid orders will be cancelled after 30 calendar days.
Fraud is unfortunately a large part of today's marketplace. 1320 Performance takes every step to prevent and detect fraudulent transactions to protect both the consumer and retailer. Please understand that the reason a lot of our policies, terms, and conditions exist is for fraud protection. We do not waiver from these because of fraud protection, and understand they can often be an inconvenience. 1320 Performance aggressively pursues consumers who attempt to defraud us, and will prosecute to the fullest extent of the law. As a precaution and for protection purposes, your IP address will be recorded with your transaction.
All engine modification components, except those that are exempt for street legal use, have been designed and are intended for off-highway/road use. These components are legal in California for racing vehicles only, which may never be used on public roads and highways. Federal and many state laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to a fine or penalty. Installation of this part may void the vehicle's manufacturer warranty coverage, if any, on your vehicle(s). Vehicles modified by the use of performance parts may no longer be lawfully used on public highways. Further, all engine parts, headlight units, light bulbs and electrical components are sold AS IS without any warranty and may not be returned. User assumes all cost and risks associated with these and other import items.
RETURNS OR EXCHANGES
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Brand new items can be exchanged. Buyer is responsible for shipping cost both ways.
Used item or item that has been installed or try on are not returnable
All Returns are subject to a 25% restocking fee.
SHORTAGE/DAMAGED SHIPMENT/DISCREMPANCIES
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All merchandises are packed carefully and correctly by our shipping department before it leaves our facility. Damaged shipments should be checked in the presence of the carrier. Please keep all shipping cartons and packing material for carrier inspection. 1320 Performance will not initiate any claims with the carrier. Claims for shortage of items or discrepancies must be made within 48 hours after receipt of merchandise. Claims of damaged shipments must be made by the customer with the carrier.
SPECIAL ORDERS
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All special orders (imported/personalized/specially fitted) items must be paid in full at the time of order. All special orders and custom orders will be processed in the most timely and efficient manner possible. However, 1320 Performance will not be held responsible for delays above and beyond its control. No cancellations, refunds, or exchanges on special order items or custom order items.
REFUSED SHIPMENTS/NON DELIVERABLE SHIPMENTS
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Any refused shipments or undeliverable shipments sent back to 1320 Performance does not constitute the right to a refund or credit. It is the customer's responsibility to make all arrangements with 1320 Performance for refused shipments. Customer will be charged freight expenses associated with the refused shipment as well as a 25% restocking fee on all returning items.
SHIPPING PRICES/FREIGHT QUOTES
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Shipping calculations and Freight quotes through the website are for parcels shipped within the Continental U.S. only. Orders shipped anywhere outside the continental United States are subject to additional shipping and handling fees. Customer will be notified by phone or email for any additional charges before items are shipped.
TYPOGRAPHICAL OR WEBSITE ERRORS
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If a price is listed incorrectly on the site, 1320 Performance shall have the right to cancel or refuse any such orders whether or not the order has been confirmed. Customer will be notified of such price change before any processing.
WARRANTY
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No warranty whatsoever will be given if the defect was caused by customers' abuse, negligence, mishandling, or improper installation. All merchandise sold by 1320 Performance is only subject to manufacturer warranty, if any. Warranty items are subject to submission to the manufacturers for inspection and approval for repair or replacement of merchandise. Customer, however, will be responsible for all shipping and handling fees. No labor or inconvenience may be included in any warranty claims. There is no warranty on lights, light bulbs, decals, electrical parts, and engine parts. Check your state and local laws regarding the use on any parts.
BACK ORDERS
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In the event 1320 Performance is out of stock of the item you ordered, it will be ordered from the manufacturer. If the item is not is stock at the manufacturer, it is placed on backorder. 1320 Performance will make every effort to notify you of this or any other delay of your order, but is not always able to do so. We has no control over the speed in which a backorder is filled, and also has not control on the information of release dates given to us by said manufacturer. We can only pass on to you the information we receive from said manufacturer.
PO BOXES AND MILITARY ADDRESSES
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Currently we do not ship to APO/FPO. Prior arrangements to such addresses can be made by emailing us. It does not guarantee that 1320 Performance can ship to your location.
INTERNATIONAL INQUIRIES
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International orders have to be PREPAID via BANK WIRE TRANSFER only made out to U.S. currency. Any territories outside of the continental U.S. are considered international (including Guam and Puerto Rico) Orders shipped anywhere outside the continental United States are subject to additional shipping and handling fees. Our online shopping cart does not calculate air freight.
We do NOT accept personal checks
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 1320 Performance. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with 1320 Performance. or purchasing 1320 Performance 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 1320 Performance or to purchase 1320 Performance 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 1320 Performance. 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 1320 Performance. used in the site are trademarks or registered trademarks of 1320 Performance
Limitation of Liability
1320 Performance. 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 1320 Performance. 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.
Notice
1320 Performance. 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 1320 Performance
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 1320 Performance 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
1320 Performance. 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, 1320 Performance 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, 1320 Performance 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 1320 Performance in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless 1320 Performance., 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, 1320 Performance may link to sites operated by third parties. However, even if the third party is affiliated with 1320 Performance. 1320 Performance has no control over these linked sites, all of which have separate privacy and data collection practices, independent of 1320 Performance. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, 1320 Performance 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).
Competition Product Disclaimer:
Vehicles modified by competition products may not meet local, State and Federal requirements for use on public streets. It is the customer's sole responsibility to adhere to and comply with all local, State and Federal laws. Use of competition products may affect insurance and or vehicle warranties. HID are designed for off road vehicles or vehicle applications that is non-registered or export only.
There is no warranty, stated or implied, due to unusual use or driving conditions. Any damage caused by modifications, improper installation, or improper use is the sole responsibility of the customer and not that of the manufacturer, distributor, or retailer. The customer is responsible for any associated costs including repairs and service, damages or liabilities incurred.
Parts can only be returned and accepted according to the 1320 Performance Return Policy (see above).
APPLICABLE LAWS
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 1320 Performance products) shall be in the state or federal courts located in Sacramento County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of 1320 Performance products) must be commenced within one (1) year after the claim or cause of action arises. 1320 Performance 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. 1320 Performance may assign its rights and duties under this Agreement to any party at any time without notice to you. 1320 Performance makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
ARBITRATION:
By using this Site, you agree that 1320 Performance, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
1320Performance.com, suppliers, partners and resellers will not hold any liability for HID (High Intensity Discharge) Lighting System. Any restrictions, violations or liability should be related directly to the manufacture. The importer / suppliers or resellers will hold no responsibility for any violations this product has.
If you are affiliated with or working for DOT, Government regularity agencies or any other organization including organization involving in banning HID conversion systems either directly or indirectly, and / or you are in any related group, and / or were formally a worker of those parties, you cannot enter anywhere further on the website and must exit the website immediately. You cannot return to this website. You cannot access any files on this website and you cannot view any of the web page files. You cannot hold anything or anyone on this website responsible for any violations you may find. You may not call any of our phone lines to order the product direct or indirectly, you may not purchase anything from our company, resellers and our affiliates in its existence. By continuing on this site you are not agreeing to these terms and you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995. According to code 431.322.12 of the Internet Privacy Act you cannot threaten our ISP(s) or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with this page which includes family, friends or individuals who run or enter this web site. HID are designed for off road vehicles or vehicle applications that is non-registered or export only. They are not to be used in any driving conditions if the headlight assembly is not designed for the HID kits.
-All headlight assemblies have a DOT code on them ex. HB3 - Halogen Bulb 3, if the headlight assembly is designed for HID it will list and HID code on the headlight- By buying and using HID on public driven roads without proper headlight assemblies will be the sole liability of the customer. You may not hold any parties but the customer responsible for misuse of this product. 1320performance.com and its partners nor anyone associated with 1320performance.com is responsible for any representation of our products from our “Affiliates" or by those who purchase their products from this web-site. We urge our customers not to claim that the products they purchase from us are legal. Please be sure to check DOT regulations in your state before purchasing this product.
CUSTOMER CHARGEBACK
Buyers should be aware that 1320 Performance take customer fraud VERY seriously. Ordering merchandise and filing a chargeback will result in 1320 Performance adding fees of 35% to your balance which will become due again on a successful chargeback and your account will be subject to interest fees from the date of shipment. Additionally ALL chargebacks will be sent to our collection agency for full pursuit of collection. This WILL result in your credit history being marked as a Collection Account by the collection agency. Collections stay on your credit report for up to 10 years even if the collection is paid and will have a lasting and drastic effect on your credit scores. This will affect your ability to obtain credit, employment, education and many other desirables. In some cases, 1320 Performance may pursue additional legal remedies through the court system of California and/or your state of residence. WE TREAT FRAUD AS A VERY SERIOUS CRIME AND WILL TAKE ANY AND ALL STEPS TO RECOUP PAYMENT. Security of your financial accounts is your responsibility NOT OURS. Chargebacks will be fought and successful chargebacks will be sent for collection and/or legal action without exception.
OUR ADDRESS:
1320 Performance
9143 union park way
Elk Grove, CA 95624
916-585-6549