Terms and Conditions

ARTICLE 1: SCOPE and Acceptance of terms

1.1 Revolve Truck Accessories Corp. (hereinafter, “Seller”) owns and operates the website RevolveTruckAccessoriesCorp.com (the “Website”), which is the website for purchasing the products listed for sale on the Website (the “Products,” or, in singular, a “Product”). These are the terms and conditions for the Website (the “T&Cs”), which govern your use of the Website and/or the purchasing of Products by you on the Website. Pursuant to Article 2 below, you shall be referred to herein as “Customer” or “you.” By using the Website and/or purchasing Products on the Website, you agree to all T&Cs herein. Seller maintains all ownership rights over any writing, images, branding, logos, coding, trade dress, including Seller’s features and services offered and written about on the Website, as well as all other technical information or intellectual property contained on the Website (all such intellectual property and content on the Site shall be collectively referred to herein as the Website’s “Content”). Please be advised that Seller’s Website and the Products offered thereon are intended only for persons 18 years of age or older. All T&Cs herein are fully defined below.

1.2 PLEASE NOTE: Your use of the Website is at all times subject to the T&Cs, as well as all laws and regulations in the relevant jurisdiction. The Seller’s Products may only be accessed and established only by those persons or entities having reached such age and who are legally capable of entering into legal binding agreements. It is the Customer’s responsibility to carefully read all T&Cs herein. Only those persons having fully accepted and agreed to these T&Cs may use the Website and access Seller’s Products. Therefore, Customer’s continued use of the Website, accessing the Content, and purchasing of any Products on the Website shall constitute full acceptance of these T&Cs. Any person not agreeing to all T&Cs shall be barred from accessing or otherwise using the Website, the Content, and any Products on the Website, as well as a representation by Customer that Customer will be abide by and be bound by said T&Cs. Seller reserves the right to change, modify, supplement, or update (any such changes shall be, collectively, “Modifications”) these T&Cs at any time, without having to provide any advance notice to Customer. Any such Modifications shall take effect immediately as of the posting of those Modifications on the Website. Customer agrees to be bound by all Modifications as of Customer’s continued use of the Website, the Content, or the purchasing of any Products, immediately after such Modifications have been posted, whether Customer has read such Modifications or not. Unless otherwise expressly stated herein, Seller intends that these T&Cs shall govern Products offered by Seller and all Content on the Website, in perpetuity, whether such Products or Content shall exist at the time of the posting of these T&Cs, or if they are added at a later time, as of the moment any such additions are made. Please review these T&Cs from time to time to ensure that you are up to date with any changes made herein. If you have any questions regarding these Terms of Use, you may contact Seller at any time at the following email address: Info@RevolveTruck.com.

1.3 Placing an order for Products entails the Customer's full and unreserved adherence to these T&Cs.  In accordance with the law, these T&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer. 

1.4 By visiting the Website or sending e-mails to Seller, Customer consents to receive communications from Seller electronically. Seller will communicate with Customer by e-mail or by posting notices on the Website. Customer agrees that all agreements, notices, disclosures and other communications provided to Customer electronically shall satisfy any legal requirement that such communications be in writing.

ARTICLE 2: DEFINITIONS

"Customer": You, a legal entity or natural person, anywhere in the world, who uses the Website in any way, including without limitation in purchasing, being in the process of purchasing, or potentially purchasing any Products from the Seller. Also referred to herein as “you.”

"Order": The request for a Product or Products on the Website, whereby the Customer selects a Product on the order page, follows the instructions for measurement as referenced in these T&Cs, enters the necessary information per the order page, validates the order process up to payment, according to the conditions set out in Article 3, and then accepts these T&Cs by ticking the box "I have read and I accept the general conditions of this sale." The Order shall consist of all information as required by and/or provided to Seller by Customer in the order process (as detailed in Article 3, below).

"Contract": Set of documentation between the Customer and the Seller, consisting of the Customer's Order, these T&Cs and any potential specific agreement which might be agreed upon by the Parties, if applicable, not to be inconsistent with these T&Cs.

"Intellectual Property Rights": any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries. 

"Party": the Customer on the one hand, and the Seller on the other hand, referred to jointly as the "Parties".

"Product” or “Products": any Product or Products provided and marketed by the Seller, as presented on the Website. The Products are made to order, as referenced throughout these T&Cs.

"Website": the website RevolveTruckAccessories.com, and any and all subdomains therein.

"Seller": the company Revolve Truck Accessories Corp., specializing in the design, manufacture and marketing of the Products set out above.

ARTICLE 3: ORDERS

3.1 An Order is placed with the Seller by the Customer by first selecting one or more Products which, in accordance with the selection, the Customer places in his or her "Cart".

3.2 Customer will then be provided with instructions on how to measure his or her vehicle in order to ensure proper fit of the Product(s) being ordered onto the vehicle for which such Product(s) are being ordered. Customer will be fully responsible for accurately obtaining these measurements, as well as any information as to how such Product(s) will conform onto or fit onto such vehicle(s), and accurately providing such information to Seller. Seller shall not be liable for any non-fitting or non-conforming Products, unless indicated otherwise in these T&Cs (See Article 8, below).

3.3 Once measurements and vehicle information have been provided, Customer will then proceed through the checkout process, including entering the information required for the successful completion of Customer’s Order.  This information is as follows:

-Customer's name, billing address, email address, telephone number, and delivery address (if different from billing address).

3.4 Before validating the Order, the Customer shall expressly accept these T&Cs, by ticking the box "I have read and I accept the general conditions of this sale." 

3.5 The Customer warrants the accuracy of the information provided during the Order process, or in any other way input into the Website by Customer.  Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning any such Order(s).

3.6 The Customer's Order shall be automatically confirmed via email, at the email address indicated by the Customer when placing the Order.  This confirmation email shall include, in particular, an invoice in the Customer's name, summarizing the identifying features of the Order. Seller is not responsible if the email address provided by the Customer is incomplete or incorrect.

3.7 In order to track the Order, the Customer may contact the Seller's customer service department at the following email address: Info@RevolveTruck.com.

3.8 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfillment or payment of a previous Order or when the Customer has not complied with these T&Cs.

ARTICLE 4: PRODUCT AVAILABILITY

4.1 The Order placed is subject at all times to the availability of the Seller's stock in the Product being ordered.  In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order. 
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim. The decision as to which one of these options shall be exercised shall ultimately be made by Seller.

4.2 In case of shortage of supply, the Seller shall not be held liable for the physical impossibility of honoring the Order.   The Seller shall accept no responsibility with respect to any costs, fees, losses, or damages incurred by Customer as a result of the partial or total cancellation of an Order, or the failure to deliver any Products by any particular time.  The same shall apply for any additional delivery costs due to this cancellation.

ARTICLE 5: DELIVERY

5.1 The Products are delivered by Revolve Truck Accessories Corp to the delivery address indicated when placing the Order.  In order to optimize delivery, it is advisable to provide an address to which the Order may be delivered during working hours.

5.2 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination. Seller shall not be liable for any losses of any kind, directly or indirect, consequent, or otherwise, resulting from failure to deliver any Products by a particular time, even where Seller has provided a time for delivery.

5.3 Seller reserves the right to refuse delivery outside of the continental United States.

5.4 If Seller delivers any Products outside of the continental United States, it is Customer’s responsibility to provide the relevant local authorities with the necessary information and to ensure that the specific formalities for importing those Products into the territory of the destination country are scrupulously complied with.  Any customs duties or local taxes shall be borne solely by the Customer.

5.5 Failing delivery to the address indicated by the Customer within seven (7) working days after the scheduled delivery date indicated by the Seller, the Customer may cancel Customer’s Order by contacting the Seller at the following address: Info@RevolveTruck.com.  However, this cancellation shall not be possible when the Seller has been prevented making a delivery for any reason outside of Seller’s control, including without limitation by a case of Force Majeure, as set out in Article 12 of the T&Cs.

ARTICLE 6: PRICES

6.1 The prices are indicated on the Website in US Dollars, including all taxes applicable in the United States, processing and delivery costs.

6.2 The prices indicated may be changed at any time without advance notice.  However, the Products shall be charged at the rate given when the Order was completed.

6.3 In the event of an Order to be sent to a country outside of the US, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) are likely to be due.  These duties are borne solely by the Customer and shall be Customer’s full responsibility, both in terms of declarations and payment to the relevant authorities.

ARTICLE 7: PAYMENT

7.1 The Order shall be paid for by payment card (the “Payment Card”) once the Order has been completed.  The Payment Card must be a Visa, MasterCard, or American Express.  The Customer's account shall be debited immediately after acceptance of these T&Cs and completion of the Order, when the confirmation email is sent.

7.2 The Customer warrants that he or she has the necessary rights to use the Payment Card and that he or she is fully authorized to use it to pay for the Order. The Customer also warrants that this card gives access to sufficient funds corresponding to the amount of the Order.  Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 11.

7.3 Seller shall bear no responsibility for processing any unauthorized payment.  Additionally, Seller uses a secure payment method.  Consequently, it cannot be held liable for any fraudulent or improper use of the Customer's means of payment, over which it has no control.

ARTICLE 8: PRODUCTS COMPLIANCE

8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order as placed.  This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the Product(s) ordered, compliance in relation to the quantity ordered, compliance with the measurements as requested by Seller and provided by Customer, and the general condition of the Product(s) as delivered. 

8.2 The Customer may be required to sign a slip acknowledging delivery and receipt of the Product or Products ordered. Upon Customer’s receipt, Seller shall have fully and completely satisfied its obligation to Customer regarding that Order, unless otherwise indicated herein. Given the custom nature of the Products offered by Seller herein, as each Producer is made to order for each Customer, Seller shall not be responsible for any Products delivered that do not properly fit or secure onto a Customer’s vehicle, unless such issue is solely due to Seller’s failure to adhere to the measurements as provided by a Customer in his or her Order.

8.3 Should the Customer have a good faith belief that any Product or Products delivered to the Customer do not materially comply with the Order, the Customer may return it to the Seller. Seller shall review whether Seller has adequately complied with an Order, and shall make such determination solely in its own discretion, in good faith. If Seller determines that it did adequately comply with an Order, Customer shall pay for any and all delivery charges associated with Customer’s claim.

1. If Seller determines that it did not adequately comply with an Order, the Customer may ask the Seller:

-either to have a Product delivered which complies to the one ordered (provided it is in stock);

-or to have a Product of equivalent quality and value delivered (provided it is in stock);

-or to be refunded for the price of the Product within thirty (30) days of Seller’s determination of non-compliance.

8.5 In the event Seller determines its non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller. 

ARTICLE 9: RETENTION OF TITLE 

9.1 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract.  Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.  

9.2 The implementation of this retention of title clause shall not have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.

ARTICLE 10: USE OF THE WEBSITE AND PERSONAL INFORMATION

10.1 The use of the Website shall not confer any rights to Customer.  All rights used or represented on the Website, including without limitation the Content, shall remain the Seller's exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.

10.2 Access to the Website is provided on an "as is" basis, accessible according to its availability and with no guarantee from the Seller.  It shall be used at the user's risk.  The Seller does not warrant that (i) the Website, the Content, or the Products offered shall fully meet the user's expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.

10.3 Only as necessary for shopping for the Products, Seller grants Customer a limited, non-exclusive and fully revocable license, in our discretion, to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Customer. This license does not grant Customer any right to use the Website or any Content on it for commercial use or resale, or for a collection and use of any pages, or derivative use of this Website or the Content and Products on it, or for the use on the Website of any data mining, including by robots or any other data gathering and extraction tools, all of which are strictly prohibited. Customer may not reproduce, copy, sell, resell, or visit for any commercial exploitation purposes, the Website or any portion of the Site, without the express written permission of Seller. Customer may not enclose any logo, trademark, or other proprietary information of Seller by framing or other utilization of other framing techniques (including images, text, page layout, or form) of Seller without our express written consent. Customer may not use any “hidden text,” including any meta-tags, utilizing the name(s) of Seller or any third party, or any respective service marks thereof, without the express written consent of Seller or relevant owner.  

10.4 Computerized registries are kept in the Seller’s IT systems under reasonable conditions of security as proof of communications, Orders and payments made by the Customer.  Purchase orders and invoices are filed on a reliable and durable medium.  Seller may also use “cookies” to monitor use of the Website. The Seller shall take all steps to ensure the confidentiality and security of this information, including of Internet exchanges and transactions.

ARTICLE 11: LIABILITY AND USE OF PRODUCTS

11.1 The Seller's online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery. It is Customer’s sole responsibility to ensure use of any Products purchased complies with local law.

11.2 Under no circumstances can the Seller be held liable for any indirect, unforeseeable, or consequential damage, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.

11.3 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer to Seller.

11.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.

11.5 Seller attempts to be as accurate as possible in its description of the Products. However, Seller does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If any Product is not as described, Customer’s sole remedy will be to return it in unused condition. 

FURTHER DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: 

THIS WEBSITE IS PROVIDED BY SELLER ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY AND ALL PRODUCTS YOU PURCHASE FROM SELLER IS AT YOUR SOLE RISK. YOU ARE FULLY RESPONSIBLE FOR FULLY READING AND UNDERSTANDING THE INSTRUCTIONS PROVIDED WITH PRODUCTS PURCHASED FROM SELLER, AS WELL AS THE SAFE INSTALLATION, MAINTENANCE, AND OPERATION OF SUCH PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WITH RESPECT TO ALL PRODUCTS SOLD BY SELLER, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ANY E-MAILS SENT FROM SELLER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

HOWEVER, IF ANY OF THE PROVISIONS OF THESE T&CS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION OR PROVISIONS SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS HEREIN.

ARTICLE 12: FORCE MAJEURE 

12.1 The Seller cannot be held liable for failure to fulfill one of its commitments to the Customer, if this failure is due to a case of force major such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.

12.2 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

13.1 Unless stated otherwise, the Website and its Content, as well as the copyrightable components of the Products themselves, are the copyrighted works of the Seller. Revolve Truck Accessories, Revolve Truck Accessories Corp., RevolveTruckAccessoriesCorp.com, and all trademarks, service marks, graphics and logos used by Seller or contained on the Website, are trademarks or registered trademarks of Seller. Seller retains all rights in and to the patents and patentable elements associated with all Products contained on the Website. Any other intellectual property contained on the Site not owned by Seller, whether trademarks, service marks, trade dress, company names or logos, whether they are registered or not, are the property of their respective owners. In addition to your compliance with applicable laws, you hereby agree not to utilize any such trademarks, service marks, trade dress, names or logos contained on the Site without Seller’s (or relevant owner’s) prior express written permission. All such intellectual property as detailed above, whether protected by copyright, patent, trademark, or otherwise, are fully protected by U.S. and international copyright laws, in favor of Seller. Customer may not compile, collect, arrange, or assemble the Content, as such compilation is also the exclusive property of Seller and is protected by U.S. and international copyright laws. All unauthorized use of the Website or its Content may violate copyright or trademark laws, or the laws of privacy and publicity, as well as other applicable regulations and statutes. Seller makes no warranties with regard to the intellectual property contained on the Website, including without limitation any intellectual property contained in the Products, and in no way represents your use of the Products displayed on the Site will not constitute infringement of any rights of third parties. If you have any indication that the Content or any Products may violate or infringe upon your intellectual property rights or those of a third party, according to US or international law, please write to us immediately at Info@RevolveTruck.com with the specifics of your complaint. Seller will consider and respond to your complaint. Seller may ask you to provide us with additional information and follow additional procedures so we may act on your complaint. Seller, as well as each respective owner of any such Content, retains all right, title, and interest in and to the Website and all of its Content, features, and Products offered on the Website, including all intellectual property rights therein or thereto, whether detailed herein or otherwise in existence according to US or other applicable law. Seller, as well as each respective owner of any such Content, reserves those rights not expressly granted by us herein, and warns that all unauthorized use of the Website and its Content or Products, will terminate all licenses granted herein by Seller, as well as any permission granted to Customer herein.

13.2 Customer may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Seller reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content. If Customer does post content or submit material to the Website, and unless we indicate otherwise, Customer hereby grants Seller and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Customer grants Seller the right to use the name that Customer submits in connection with such content, if Seller so chooses. Customer represents and warrants that Customer owns or otherwise controls all of the rights to the content that are posted; that such content is accurate; that use of such content supplied does not or shall not violate these T&Cs, and will not cause injury to any person or entity; and that Customer will indemnify Seller or its associates for any and all claims resulting from such content supplied by Customer. Seller has the right but not the obligation to monitor, edit, or remove any activity or content on the Website, without exception. Seller takes no responsibility and assumes no liability for any content posted by Customer or any third party.

13.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the any intellectual property Rights free from exploitation.  The rights of use, representation and reproduction over the Products shall continue to be held by the Seller.

13.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of any intellectual property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders thereof.

ARTICLE 14: DISPUTE/APPLICABLE LAW 

14.1 These T&Cs, in addition to any contract entered into pursuant to the T&Cs, are subject to the laws of the State of New York, in the United States of America.  Contractual information is presented in English, and the Products offered for sale comply with New York laws. 

14.2 The courts of the State of New York have sole jurisdiction for any dispute relating to these T&Cs, any Contracts, Products, Orders, or other Content.