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WHEEL UNIVERSE LLC TERMS AND CONDITIONS

LAST UPDATED: MARCH 22, 2023,

Please carefully read this document as it contains crucial information regarding your rights, obligations, conditions, limitations, and exclusions that may apply to you.

It is important to note that any disputes that may arise will be resolved through individual arbitration rather than jury trials or class actions.

By placing an order for products or services from this website, you confirm that you are of legal age to enter into this agreement and agree to these terms and conditions. If you are placing an order on behalf of an organization or company, you must have the legal authority to bind the organization or company to these terms and conditions.

If you do not agree to these terms, are under the age of 18 or the legal age required to form a binding contract with Wheel Universe LLC. , or are prohibited from accessing or using this website or its contents, goods or services by applicable law, you may not order or obtain products or services from this website.

The following terms and conditions (referred to as “Terms”) apply to the purchase and sale of products and services on wheeluniverse.com (the “Site”). These Terms may be changed by Wheel Universe LLC. (referred to as “us,” “we,” or “our” as appropriate) without prior written notice at any time, at our sole discretion. Such changes will take effect on the “Last Updated Date” posted on the Site, and it is your responsibility to review these Terms before purchasing any products or services on this Site. Your continued use of this Site after the “Last Updated Date” constitutes your agreement to any such changes.

These Terms are an essential component of the Website Terms of Use that applies to the general use of our Site. Before purchasing any products or services on this Site, you should also carefully review our Privacy Policy. (Privacy Policy link)

 Order Approval and Termination

By placing an order for products or services on this Site, you acknowledge that your order constitutes an offer to purchase all listed items under these Terms. We reserve the right to accept or reject orders in our sole discretion, even after sending a confirmation email containing your order number and item details. If we choose not to accept your order, we are not obligated to sell the products or services to you.

 PRICES AND PAYMENT CONDITIONS

(a) The prices, discounts, and promotions displayed on this Site are subject to change without prior notice. The price charged for a product or service will be the price displayed at the time the order is placed and confirmed in your order confirmation email. Any price

changes will only apply to orders placed after such modifications. The prices listed do not include taxes or charges for shipping and handling. Free standard shipping is available for orders shipped to the 48 contiguous states, while non-contiguous states and international orders incur a shipping fee. All taxes and charges will be added to your order total and will be itemized in your shopping cart and order confirmation email. We strive to provide accurate pricing information, but may make unintentional typographical errors, inaccuracies, or omissions regarding pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and cancel any orders arising from such errors.

(b) We may periodically offer promotions on the Site that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

(c) Payment terms are at our discretion, and unless otherwise agreed upon in writing, payment must be made and received by us before we accept an order. We accept payment via Braintree, our payment provider for credit card transactions, PayPal, or through our financing providers, PayPal Credit, Affirm, and Katapult for all purchases. For purchases made through eBay, we accept all approved payment methods through the eBay site. By making a purchase, you confirm that the credit card information you provide is accurate, complete, and true, you have authorization to use such credit card for the purchase, your credit card company will honor any charges incurred, and you will pay for any charges incurred at the prices posted, including shipping and handling charges and applicable taxes, regardless of the quoted price at the time of your order on the Site.

Shipping and Delivery; Title Transfer and Risk of Loss

(a) We will handle the shipment of the products to your specified location. To find out the available delivery options for each product, kindly refer to the relevant product page. During the ordering process, you will be informed of any applicable shipping and handling charges which will cover the expenses we incur in processing, handling, packing, shipping, and delivering your order.

(b) Once the products are transferred to the carrier, title and risk of loss will be transferred to you. Please note that any shipping and delivery dates provided are only estimates and may not be guaranteed. We will not be held responsible for any delays that may occur during shipment.

Product Return Policy and Reimbursement.

Our policy on returns and refunds is as follows: except for any products designated on the Site as final sale or non-returnable, we may accept a return of the products for a refund of your purchase price, less the applicable restocking fee (please contact us for details). To be eligible for a refund, the return must be requested within thirty (30) days of original receipt of

merchandise and the product must be in its original condition. Please note that all items must be approved for refund prior to being returned.

We ask that you inspect all products for damage before attempting to use them. If you’ve purchased wheel only orders, you are responsible for test-fitting them to your vehicle before having tires mounted. Once tires have been mounted, we are unable to accept them back, even if there is a fitment problem.

For wheel/tire package purchases, you are responsible for test-fitting the products before driving on them. Once wheels/tires have been mounted on your vehicle, we cannot accept a return. If you have any concerns about fitment, please share those concerns with us before you place your order.

For suspension/accessory items, if we receive a return that shows signs of installation, we will not be able to accept the item and will have to return it to the sender with no credit being issued.

Please note that we cannot accept returns or issue refunds for wheels or tires once they have been mounted or if the wheel or tire has mileage on it. We also cannot accept returns for suspension/accessory items (that are not warranty-related) that have been installed or attempted to be installed and show evidence of the same. Additionally, we offer no refunds on any products designated on this site as non-returnable or final sale.

To initiate the return/refund process, please contact us for a return authorization. Once approved, all items must be returned within fourteen (14) days. Money will be refunded via the original payment method. Please allow fourteen (14) days for receipt of funds once the product is returned.

For defective returns, please refer to the manufacturer’s warranty (see Section 6) included with the product or as detailed in the product’s description on our Site.

Product Warranties and Limitations of Liability

Please be aware that we do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not imply any affiliation with or endorsement of any product, service, or manufacturer. As a result, we do not provide any warranties regarding the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty, which is outlined in the product documentation. If you have any concerns about a particular product’s warranty, please contact us at info@wheeluniverse.com or call us at 800-721-7878.

To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty or contact us with any questions. Please be aware that at our discretion, we may cover the costs involved with warranty claims up to thirty (30)

days from the date of delivery. However, after this thirty-day period, the costs associated with the warranty claim become your responsibility. Therefore, please notify us as soon as possible if you have any issues, questions, or concerns!

Please be advised that all products and services offered on this Site are provided “as is” without any warranty whatsoever. This includes any warranty of merchantability, fitness for a particular purpose, or warranty against infringement of intellectual property rights of a third party, whether expressed or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Please note that some jurisdictions may limit or not allow the disclaimer of implied or other warranties, and therefore, the above disclaimer may not apply to you.

Finally, please acknowledge that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you. We cannot guarantee that any product or service offered on our Site will meet your expectations or requirements, and we cannot be held responsible for any dissatisfaction or issues that may arise.

Limitation of Liability

We shall not be held liable to you or any third party for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including but not limited to lost profits or revenues, or diminution in value, arising out of or related to any breach of these terms, regardless of whether such damages were foreseeable, and whether or not we were advised of the possibility of such damages. This limitation of liability applies to all legal or equitable theories, including contract, tort, or otherwise, upon which the claim is based.

Our maximum liability and your sole and exclusive remedy for any claim shall be limited to the actual amount paid by you for the products and services ordered through our Site. Please note that this limitation of liability only applies to the extent permitted by law and shall not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury resulting from our acts or omissions.

Privacy

The protection of your privacy is of utmost importance to us, and we take it seriously. In order to safeguard your personal information collected during the purchase of any products or services through our Site, we adhere to our comprehensive Privacy Policy available at wheeluniverse.com/privacy-policy. Our Privacy Policy dictates the procedures and methods used to process and handle all personal data collected from you, ensuring that your privacy is protected to the fullest extent.

Acts of God and Other Unforeseeable Circumstances.

We shall not be held liable or considered in breach of these Terms, nor shall we be responsible to you, for any failure or delay in our performance under these Terms when

such failure or delay is caused by circumstances beyond our control. These circumstances include but are not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage. Such events are deemed as acts or circumstances beyond our reasonable control.

Applicable Law and Legal Venue

The operations of this Site are based in the United States, and any issues or disputes arising from or related to these Terms shall be subject to the internal laws of the State of Texas. No choice or conflict of law provision or rule, whether of Texas or any other jurisdiction, shall apply to such matters, and any such provision or rule that would cause the application of laws of any other jurisdiction shall be disregarded.

Dispute Resolution and Binding Arbitration.

(a) YOU AND WHEEL UNIVERSE LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be

final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will belimited solely to your individual dispute or controversy.

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WHEEL UNIVERSE LLC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

NO Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a relinquishment of future enforcement of that right or provision. The relinquishment of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wheel Universe LLC.

No Third-Party Beneficiaries

This provision means that these Terms are solely between you and the company and do not create any legal rights or benefits for any third-party individuals or entities who are not a party to these Terms. Therefore, no person other than you will have any claim or right to enforce any provision of these Terms.

Notices

(a) To You. We may notify you of any information related to these Terms by either (i) sending a message to the email address you provide or (ii) by posting on the Site. Notices sent by email will be considered effective when we send the email and notices provided by posting will be considered effective upon posting. It is your responsibility to ensure that your email address is current.

(b) To Us. To provide notice to us under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Wheel Universe LLC, 5901 Gateway Blvd West, El Paso, TX 79925. We may update the address for notices to us by posting a notice on the Site. Notices given by personal delivery will be considered effective immediately. Notices given by overnight courier will be considered effective one business day after they are sent. Notices provided by registered or certified mail will be considered effective three business days after they are sent.

Severability

In the event that any provision of these Terms is determined to be invalid, illegal, void, or unenforceable, such provision shall be deemed to be separate and apart from these Terms, and shall not have any effect on the enforceability or validity of the remaining provisions.

Entire Agreement

This provision means that these Terms, along with the Website Terms of Use and Privacy Policy, constitute the complete and exclusive agreement between you and us regarding the subject matter covered by these documents. Any previous understandings, agreements, or negotiations related to these matters are superseded by these documents.