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Terms & conditions

Terms and Conditions of the Website UpstreamCenterCaps.com.


Acceptance of Terms and Conditions

Main goal of Drevonet, s.r.o. and its website UpstreamCenterCaps.com ("Upstream") is to provide unique wheel center caps and other products to our satisfied customers. In order to observe this mission Upstream and all users of this website shall accept the following terms and conditions.

Upstream provides its website “www.upstreamcentercaps.com” and related services ("Site") to you ("User"), subject to the following Terms and Conditions . If you do not agree with any of the terms and conditions, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. Upstream can change these Terms and Conditions at any time by posting an updated user agreement on this site and Upstream may send registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using this site. If you do not cease using this site, you will be conclusively deemed to have accepted the changes. If you have any questions about the Terms and Conditions, you may contact us.

Ordering Goods

By processing of a payment, you ("Buyer") submit a binding order and accept these Terms and Conditions. These Terms are binding for both the Buyer and Upstream ("Seller") and they regulate all the relationships between the Buyer and the Seller related to the purchase or sele of the goods offered on the site www.UpstreamCenterCaps.com.


HOW TO SHOP:

a)  Selection of Goods - the Buyer chooses center caps offered on the website by clicking on the product name or by clicking on the image corresponding to the product. Subsequently, more detailed offer of the selected product will open with more detailed information (product name, price, complete specifications, etc.). In case of interest the Buyer selects the proper size of center caps according to the size of the original center cap or by dimensions of the wheel for which the center cap is intended, or according to the original center cap type. After the Buyer chooses one of these three options, a click on the “calculate size” button is necessary in order to display a proper size of your wheel center cap. In case of interest in thus selected product with displayed size, the Buyer specifies the number of pieces and clicks on "ADD TO CART" button.

b) "Cart" will be opened to the Buyer with the selected goods, quantity, price and total price. In case that the Buyer wishes to change the required number of the selected goods, he clicks on “+” or “-“ button in order to add or subtract the desired number of products.

In case of interest in other products offered on the site, the Buyer can continue shopping without losing any items from the cart and then proceeds according to the above mentioned point a). This procedure can be carried out repeatedly.

In case of an error, mistake, or if the Buyer reviews his decision, he can remove the selected goods from the cart by clicking on "Remove" by the respective product.

After the Buyer completes the selection of products which he intends to purchase, he continues with clicking on "Order".

c) After clicking on “Order“ which the Buyer can carry out without registration or with registration as a Buyer, following steps are required in order to finalize the order.

PROCEDURE FOR FILLING ORDER:

Step 1 (Address): The Buyer enters identification data and delivery address and continues to Step 2 (Shipping and payment) by clicking on the “next step” button. If the Buyer is registered, his data added during registration will be downloaded.

Step 2 (Shipping and payment): The Buyer specifies the method of shipment, what will update the total price including shipping costs, and continues by choosing a payment option.

In case the Buyer is interested in change of the order, he clicks on the “my cart” button on the top of the website and continues according to the above mentioned point b).

The Buyer checks all required information (chosen product, product size, number of items, price, shipping cost, address, etc.)  and continues by clicking on the “pay now” button. The Buyer makes the payment.

Step 3 (Summary): Summary together with the order confirmation will be displayed to the Buyer.  

Immediately after submitting the order, the confirmed order will be sent to your email. In case of uncertainties or unavailability of any of the goods you will be contacted via email or phone if necessary.

CONFIRMED ORDER STATUS

The Seller shall be entitled to cancel whole order, if

- it is not possible to make its confirmation via email or phone;

- the purchase price of the ordered products is not paid properly, by the agreed method or on time.

The Seller shall also be entitled to cancel the order partially, if the ordered products are not manufactured any more or are not supplied any more or their prices have been significantly increased by the supplier. In these cases it is possible to replace the products with other, similar products after agreed with the Buyer. Shall the Buyer and the Seller not come to agreement on replacing the products, the Seller is obliged to refund the paid purchase price of the undelivered products to the Buyer on Buyer's account within 10 calendar days after the written confirmation that the Buyer does not agree with the delivery of replacing products.

Shipping Policy

DELIVERY PERIOD

Immediately after you complete your purchase at Site, your order is sent to our production facility, manufactured, and packaged with great care. Most orders will be dispatched in two business days after order receipt. Orders can take up to 5 business days to be dispatched.

After completing order, the product will be manufactured and then delivered within maximum of 3 – 21 working days, depending on final destination of the delivery. You can see a shipping time estimate in the “Shipping and payment” step of the order process after you choose a shipping option. 

We cannot guarantee when an order will arrive. Please consider any shipping or transit time offered to you by Upstream or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

If the product is not available, the Seller informs the Buyer about this fact via email or phone. Then, they agree on further procedure and also on delivery terms as delivery of such product depends on particular supplier of the Seller.  

SHIPING CHARGES

Calculating your shipping rate

Because there are so many variables in generating a basic shipping quote, we recommend that you place a mock order to get the most accurate pricing figure. You do not need to make any purchase to do so.

You can generate your own price quote by adding the items you are considering for purchase to your shopping cart. If this is your first time using the Upstream checkout, you may be asked to add a shipping and billing address in order to proceed on to the page with the shipping estimates. Rest assured that you will not be charged unless you proceed all the way through to the completion of your order (and the Order Confirmation page).

Once you have entered the requested information needed to provide the estimate, the various available shipping options and relative pricing might be displayed. This page will also reflect an overall price for the order, including product, tax (if applicable) and shipping**.

Please note that both product & shipping prices are subject to change. Quotes generated using the method noted above are only valid for the browser session during which they are generated. Prices displayed during previous sessions will not be honored.

**The cart does not reflect customs duties for internationally bound packages ordered through the UpstreamCenterCaps.com site. For more information on import taxes, please contact your local customs office.

The ordered goods are delivered by a courier company to the address specified in the order. By delivery of the ordered goods by courier, the Seller shall not be liable for damage caused by delivery delay or loss caused by this courier company.

A tracking of your shipment is available on this tracking site.

International Shipping & Taxes

International orders may be subject to import duties and taxes (when placed through UpstreamCenterCaps.com**). Fees charged depend on the country of delivery, and must be paid to the local tax authority upon receipt of your package. All these charges, fees, customs or taxes shall be paid by the Buyer. Upstream is currently unable to predict whether or not you will be charged a fee or what that fee might be. Please contact your local customs office for further information.

International shipments may be delayed by the customs process and/or other unforeseen circumstances beyond Upstream’s control.

 

DELIVERY TERMS AND RECEIPT OF GOODS 

Ordered goods are delivered to the address specified in the order. Transport of goods to this place is arranged by the Seller and paid by the Buyer. When receiving the goods the Buyer is obliged to check the condition of the delivery.

It is necessary to notify the Seller about damaged delivery immediately and also to fill the report of damage together with the carrier and to send this report to the Seller via email within 48 hours. If the Buyer finds damage after opening and checking the functioning of the delivered goods, the Buyer needs to contact the carrier again and fill the report of damage. However, it is necessary that the goods shall not be used any more, or it shall be ensured that the goods are not further and more seriously damaged, and their packaging is maintained.

The goods are considered as delivered at the moment when received from the carrier.

Return policy

If you don't love it we'll take it back.

We strive to exceed your expectations with every product you receive. All products are made of the best materials using our special technologies, and most are produced within 48 hours.

If you are not satisfied for any reason, you may return any unused products for a replacement or refund within 30 days after receipt. Return shipping costs are the responsibility of the Buyer.

Damaged products won’t be replaced or refunded unless the damage was caused by the carrier. In that case you should follow the above mentioned clause “DELIVERY TERMS AND RECEIPT OF GOODS 

UNDELIVERABLE PACKAGES

On very rare occasions, packages are returned to us as undeliverable. We will attempt to re-ship orders that are returned to us as undeliverable. In order to do so, we will contact you as soon as possible and agree on re-shipment.

In case Upstream is not able to contact you for any reason or if you refuse the delivery, credit will be given back minus all shipping costs for original delivery and for returning of the delivery back to Upstream.

TO RETURN YOUR ITEMS:

If you are not completely satisfied with your order and decide you want a refund, the process is simple:

  1. Contact Customer Support to receive a Return Merchandise Authorization (RMA) number and specify whether you want a replacement or a refund.
  2. Write the RMA number on the packing slip and include the slip in your return package.
  3. Return the package to:
    UpstreamCenterCaps.com Returns Department
    Sneznica 249   Sneznica 02332  Slovakia

You will be notified when your goods are received at our facilities, after which, it typically takes 7-21 days for your card or account to be credited.

Payment Terms

It is possible to pay the purchase price via:

- credit card via the payment terminal on TrustPay webpage; 

- PayPal

Trademarks and Copyrights

Upstream's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Upstream, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Upstream. All other trademarks not owned by Upstream that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Upstream.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Upstream, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Upstream or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

Privacy policy

We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

The Buyer gives the Seller permission to process and keep his personal data for the purpose of securing Seller's business activity.

Our secure servers protect your information using advanced encryption techniques and firewall technology.

The Buyer gives the Seller permission to send him information about activities, offers, discounts, special offers related to the goods sold even without prior request of the Buyer for this kind of information. Anytime, the Buyer shall be entitled to request the Seller not to send mentioned information while the Seller shall commit to respecting Buyer's request.

Other websites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Site is not responsible for the actions of third parties.

The Seller reserves the right to change Terms and Conditions. Obligation to notify about the change of these Terms and Conditions in writing is fulfilled with their posting on the official webpage of the site www.UpstreamCenterCaps.com. 

By submitting the goods order the Buyer confirms that he has read the Terms and Conditions and agrees to them unreservedly.

Warranty period is 24 months.

Rights from liability for defects shall apply to the Seller, by whom the product was purchased.

Rights from liability for defects of the center caps, for which the warranty applies, shall expire if not applied during the warranty period.

Any settlement of the claim shall be governed by these terms and conditions and relevant legislation. By submitting order, the Buyer confirms to the Seller that he is familiar with these terms and conditions.

The Buyer shall be entitled to address a claim on goods that have defects caused by the manufacturer, supplier or the Seller. The Buyer must claim the defects by the Seller without delay. 

If the defect can be removed, the Buyer shall be entitled to have it timely and properly removed for free. The Seller is obliged to remove this defect without delay.

The Buyer may require instead of removing defects the replacement of the goods or if the defect relates only to a part of the goods, the replacement of this part, provided this does not result in unreasonable costs for the Seller giving the price of the goods or the severity of the defect.

Instead of removing defects, the Seller can always replace defective goods with goods in perfect condition, if this does not cause serious problems for the Buyer.

If the defect cannot be removed and it prevents the goods to be properly used like goods without defects, the Buyer shall have the right to exchange goods or to withdraw from the contract. The same rights shall be granted to the Buyer in case of removable defects, but only if the Buyer is not able to use the goods properly because of re-appearance of defects after repair or a greater number of defects.

If it is not possible to remove the defects, the Buyer shall be entitled to a reasonable discount on the price of goods.

SETTLEMENT OF CLAIM, COMPLETION OF CLAIM PROCEDURE:

-  by delivery of repaired goods;

-  by replacement of goods;

-  by refund of goods purchase price;

-  by application of reasonable discount on the price of goods;

- by written notice for claim settlement or its reasonable rejection.

PERIOD FOR CLAIM SETTLEMENT:

-  immediately;

-  in complex cases within 3 working days from the day when the claim was made;

-  in reasonable cases, namely if complex technical consideration of the conditions of the product is necessary, within 30 days from the day when the claim was made. 

 After the period for claim settlement the Buyer shall be entitled to withdraw from the contract or to exchange goods with new goods.

If the Buyer claims the goods within 12 months since the purchase, the Seller may settle the claim by rejection only on the basis of expert consideration; regardless of the result of expert consideration the Seller may not require the Buyer to pay the costs of expert consideration or any other costs related to it.

If the Buyer makes claim after 12 months since purchase and the Seller rejects it, person who settles this claim is obliged to specify in the letter of claim settlement where the Buyer can send the product for expert consideration. If a product is sent for the expert consideration to thus specified person, the costs of expert consideration as well as all other related reasonably incurred costs shall be borne by the Seller regardless of the result of expert consideration. If the Buyer proves through expert consideration Seller's liability for defects, claim can be made again; during the execution of expert consideration, warranty period shall be suspended. The Seller is obliged to pay the Buyer all costs of expert consideration as well as all related costs reasonably incurred within 14 days from the date of the repeated claim. It is not possible to reject repeated claim.

The Buyer is required to specify the type and extent of the defects on the claimed goods in the letter of complaint.

During the claim procedure, the Seller reserves the right to consider only those defects listed in the given letter.

Start of claim procedure is also the date of making claim. The Buyer ensures delivery of goods claimed to the Seller's place of business (unless agreed otherwise). The Buyer shall send claimed goods as registered parcel (no cash on delivery service) to the address of Seller's place of business.

 Claim procedure begins on the day of fulfillment of the following conditions:

-  delivery of properly filled letter of complaint from the Buyer to the Seller, and also

-  delivery of claimed goods from the Buyer with all documents related to the claimed goods

By making claim, the Seller shall issue confirmation to the Buyer. If the claim is made by means of remote communication, the Seller shall be required to deliver the confirmation of made claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without delay, at the latest together with the letter of claim settlement; confirmation of made claim does not need to be delivered, if the Buyer has the opportunity to demonstrate made claim otherwise.

 The Seller is obliged to issue a written letter of claim settlement within 30 days of the date when the claim was made.

 The right to make a claim shall expire:

-  if the noticeable defects are not notified by delivery;

-  by damage, overload, unprofessional treatment or neglect of adequate care of goods;

-  by improper goods storage;

-  by not submitting all original packaging of the goods, all accessories of the goods;

-  with termination of warranty period.

Termination

You agree that Upstream, in its sole discretion, may terminate any part of this website including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Upstream may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Upstream may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Upstream shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Any termination of this website shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because Upstream has no control of such sites and resources, you acknowledge and agree that Upstream is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Upstream is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Pricing, Shipping, and Terms of Sale

Prices for center caps are described on the Site and are incorporated into these terms and conditions by reference. All prices are in US dollars or Euros. Prices and products may change at Upstream's discretion. Purchases are subject to Upstream's Shipping andReturn Policy. Upstream reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

LIMITATION OF LIABILITY

Under no circumstances including, without limitation, its own negligence, shall Upstream or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing upstream or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if upstream has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

You specifically acknowledge that upstream shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Dispute Resolution and Release

These terms and conditions and your relationship with Upstream shall be governed by and construed in accordance with the laws of the Slovak Republic, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to courts of Slovak Republic.

User Conduct

In using this Site, you agree to not:

  1. upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  3. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
  4. frame the Site within another Site or webpage or link to the Site except as permitted in writing by Upstream;
  5. use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  6. transfer your Upstream account to another party without Upstreams's written consent;
  7. copy, modify or distribute rights or Content from the Site, service or tools or Upstream's copyrights and trademarks; or
  8. harvest or otherwise collect information about users, including email addresses, without their consent.

You agree that you will use this Site and any products ordered on this Site in accordance with all applicable laws, statutes, regulations and ordinances of Slovak Republic a member of European Union and will not take any action that harms or violates the rights of any person or entity.

General

  • These Terms and Conditions, together with the Privacy Policy, the Shipping and Returns Policy constitute the entire agreement between you and Upstream, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Upstream.
  • These terms and conditions may not be modified by you.
  • The following Sections survive any termination of these terms and conditions: Privacy Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Limitation of Liability, Release and General.
  • Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.

Our address

Please send any questions or comments regarding this Site to:

Drevonet, s.r.o.

UpstreamCenterCaps.com

Snežnica 249

02332 Snežnica

Slovakia