Terms & Conditions
Use of products sold by POLY PERFORMANCE is at the consumer's own risk. Proper installation and proper use of all products must be followed for optimal safety and performance. POLY PERFORMANCE does not accept responsibility for improper use, alterations, and installation of any products purchased from us.
All products sold and manufactured by POLY PERFORMANCE are for off-road use only.
POLY PERFORMANCE: Web Site Agreement
The POLY PERFORMANCE web site (the "Site") is an online information service provided by POLY PERFORMANCE, subject to the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. POLY PERFORMANCE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are POLY PERFORMANCE, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to POLY PERFORMANCE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to POLY PERFORMANCE by all means and in any media now known or hereafter developed. You also grant to POLY PERFORMANCE the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against POLY PERFORMANCE for any alleged or actual infringement or misappropriation of any proprietary right in your communications to POLY PERFORMANCE.
2. Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. POLY PERFORMANCE PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND POLY PERFORMANCE SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. POLY PERFORMANCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL POLY PERFORMANCE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF POLY PERFORMANCE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, POLY PERFORMANCE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
POLY PERFORMANCE makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-POLY PERFORMANCE Web site, please understand that it is independent from POLY PERFORMANCE, and that POLY PERFORMANCE has no control over the content on that Web site. In addition, a link to a POLY PERFORMANCE Web site does not mean that POLY PERFORMANCE endorses or accepts any responsibility for the content, or the use, of such Web site.
You agree to indemnify, defend and hold harmless POLY PERFORMANCE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of POLY PERFORMANCE and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between POLY PERFORMANCE and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. POLY PERFORMANCE's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. POLY PERFORMANCE may assign its rights and duties under this Agreement to any party at any time without notice to you.
POLY PERFORMANCE is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by POLY PERFORMANCE
8. Reservation of Rights.
Any rights not expressly granted herein are reserved.
9. No Presence Outside of California.
All internet and mail order sales are transacted by POLY PERFORMANCE, which has no presence outside the state of California. No returns will be accepted without a prior authorization.
10. Dealer Agreement
POLY PERFORMANCE dealers may not advertise any product for less than the current Retail pricing. Advertising includes but is not limited to print ads, web sites, and auctions of any type, catalogs or flyers. The POLY PERFORMANCE brand must be sold as POLY PERFORMANCE brand of parts. Dealers selling POLY PERFORMANCE parts as their own brand of parts or advertising below retail will have their dealership status revoked immediately.
11. Order Cancellations and/or Changes
Order cancellation requests for change of mind, incorrectly ordered, or duplicate orders may be subject to a 3% payment processing fee held-back from the refund.
Due to a delay in processing requests based on order volume etc. order cancellation request may not be able to be accomodated. If we are unable to cancel your order, the normal returns process will need to be followed once the items have been received. Emailing or calling in a request to cancel DOES NOT provide acceptance or review on our end. The request must be reviewed by an associate, and they will determine the options we can extend at that time.
Requests to change, or correct, an address may not be able to be accommodated. Make sure to provide the CORRECT address while placing your order to avoid issues with your purchase.
Requests to add to an order, remove item(s) from an order, or adjust quantities on an order may not be able to be accommodated. Make sure you review your cart before submitting your order.
ALL IMAGES SHOWN ARE FOR ILLUSTRATION PURPOSE ONLY. ACTUAL PRODUCT MAY VARY.
13. Customer Reviews
Who are Feefo?
Feefo are a reviews provider, committed to collecting real customer feedback on behalf of POLY PERFORMANCE. To stop people from leaving dishonest or fake reviews, Feefo contact customers directly following their experience and invite them to leave a review; that review, whether good or bad, is then uploaded to the POLY PERFORMANCE’s Feefo page for all to see.
I didn’t opt in, why have I been asked to leave a review?
Feedback is very important. It helps potential customers to make educated decisions about products and services, and allows businesses to improve and offer better customer experiences in the future. Customer reviews fall under the heading of market research and are directly related to a particular transaction or experience, which means that you don’t have to opt-in for Feefo to contact you. You have not been added to a direct marketing list; you will not be sent any additional marketing communication and your information will not be shared with any other parties.
If you do not want to be contacted regarding feedback in future, you will find the option to opt out at the bottom of your feedback request.
I didn’t opt in, is this in line with current data protection laws?
Yes. Gathering reviews is considered to be market research and an essential part of the transaction process in order for a business to continually improve its customer experience. As a result, an opt-in isn’t required. This is the only instance in which Feefo are permitted to contact you; you won’t receive marketing communications and Feefo won’t share your data with anybody else. You are still in control of your personal information. If you don’t want to be contacted, you will find a link to opt-out at the bottom of your feedback request.
If you would like to learn more about GDPR and the new data regulations, click here to download Feefo's helpful guide.
I don’t want to be contacted for reviews. Can I opt out?
If you no longer want to be contacted for feedback, you will find the option to opt out at the bottom of your feedback form. You can ask to stop receiving review requests from a particular company, or choose to no longer receive requests from any business that uses Feefo to collect its reviews.
Passenger and Off-Highway Vehicles (Prop 65)
WARNING: Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle.
For More Information:
Go to www.P65Warnings.ca.gov/passenger-vehicle.