Terms and Conditions

NAPA auto AR automotive calgary

BINDING AGREEMENT

By accessing www.arautomotive.ca (the “Website”), you agree that these Terms and Conditions of Use (the “Terms and Conditions”) form a binding agreement between you, UAP Inc. (“UAP”), and the National Automotive Parts Association (“NAPA”) with respect to the use of the Website. If you do not wish to be bound by these Terms and Conditions, do not use this Website. UAP reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.

DISCLAIMER

The content of this Website, such as text, graphics, images, information obtained from UAP’s manufacturers, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive official advices and is not intended to replace personal consultation with a qualified automotive service technician, mechanic, or similar automotive professional.

UAP and NAPA have not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. UAP and NAPA do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL UAP OR NAPA BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING, WITHOUT LIMITATION, DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.

NO WARRANTIES

YOU ACKNOWLEDGE THAT THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY. GPC AND NAPAUAP DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. GPC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE.

EXCLUSION OF LIABILITY

Because some jurisdictions do not allow the exclusion or limitation of liability in certain circumstances, the following limitations and exclusions may not apply to you and, in such jurisdictions, liability is limited to the fullest extent permitted by law.

IN NO EVENT SHALL UAP, NAPA, THEIR LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA, OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT UAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that, in connection with this Website, information will be transmitted over local exchange, interexchange, and internet backbone carrier lines and through routers, switches and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, internet service providers, and others, all of which are beyond the control and jurisdiction of UAP and its suppliers. Accordingly, UAP and NAPA assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.

COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS

The Content consists of copyrighted works proprietary to UAP, NAPA, their licensors, or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “® 2016 by UAP Inc. All rights reserved.” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licences to any tangible or intangible UAP materials not expressly granted herein are expressly reserved to UAP. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.

NAPA®, NAPA AUTO PARTS®, NAPA Pièces d’auto®, the NAPA sixagon logo®, the sixagon design®, NAPA AutoCare ® and NAPA AUTOPRO® are trademarks of the National Automotive Parts Association. All product and service names, logos, and symbols used and displayed on this Website are registered and unregistered trademarks of NAPA and others. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. NAPA’s trademarks may not be used in connection with any product or service that is not associated or affiliated with NAPA, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits NAPA or the trademark.

POSTING

You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—UAP a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, communicate to the public, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed). You acknowledge that you are responsible for submissions, and you, not we, have full responsibility for the submissions, including, without limitation, legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.

We may, but shall not be obligated to, in our sole discretion, post any submission on this Website and identify you as the submitting party. We may, without notice to you, refuse or edit submissions for any reason or no reason, including, without limitation, those submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions.

Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including, without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate submissions are strictly prohibited, and any submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.

USE OF THIS WEBSITE

Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of this Website, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, (v) to access systems, data, or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Website include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Website or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape, or index any portion of this Website or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Website; (iv) creating or transmitting commercial electronic messages without consent, unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Website; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent, including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Website or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy, right to image or other rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Website; or (xiii) submitting false or misleading information.

While we prohibit such conduct and content on or through this Website, you understand and agree that you still may be exposed to such materials and that you use this Website at your own risk.

LINKS

UAP may provide links on this Website, via advertising and otherwise, to other websites that are not under the control of UAP. UAP does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and UAP and NAPA are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against UAP and NAPA regarding our inclusion of such links to third party websites or your use of those websites.

APPLICABLE LAW AND VENUE

By accessing this Website, you, UAP, and NAPA agree that the statutes and laws of the Province of Quebec, without regard to conflicts of laws principles thereof, and the federal laws of Canada applicable therein will apply to all matters arising from or relating to use of this Website. You, UAP, and NAPA also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the District of Montreal, Province of Quebec, with respect to such matters. This Website is controlled, operated, and administered by us and our service provider designees from offices within Canada or in the United States of America. We make no representation that materials on this Website are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials on this Website in violation of Canadian export laws and regulations. Those who choose to access this Website from outside Canada do so on their own initiative and are responsible for compliance with local laws.

SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

SURVIVAL

The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, and Complete Agreement.

WAIVER

Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.

INDEMNIFICATION

In consideration of UAP allowing you to visit and use this Website, you agree to defend, indemnify, and hold harmless the National Automotive Parts Association, UAP, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present, and future officers, directors, employees, agents, mandataries, representatives, successors, and/or assigns (collectively “Releasees”), from any and all claims, charges, prejudice, actions, causes of action, suits, costs, expenses, damages (including, without limitation, special, general, incidental, consequential, or other damages), demands, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of this Website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through this Website, your inability to access this Website for any reason, your reliance on any errors or omissions on this Website, or your contraction of computer viruses of any nature obtained through your use of this Website or any website accessed through this Website.

PRIVACY

Our use of personal information concerning you, if any, collected through this Website is set forth in our Privacy Policy [Note: insert link], and, by accessing this Website, you agree to the collection, use, and disclosure of your personal information as set out in our Privacy Policy [Note: insert link].

LANGUAGE

The parties hereto have expressly requested that these Terms and Conditions be drawn up in English. Les parties aux présentes ont expressément requis que les présentes modalités soient rédigées en langue anglaise.

EFFECTIVE DATE AND CHANGES

These Terms and Conditions are effective as of their posting on this Website. From time to time, it may be necessary to update or modify these Terms and Conditions. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify, or remove any portion of these Terms and Conditions. Any such addition, change, update, modification, or removal will be effective immediately upon its posting on this Website.

We may terminate, change, revise, modify, suspend, or discontinue any aspect of this Website, including, without limitation, the availability of any features of this Website, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Website constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Website without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights, and licence given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Website and any related UAP or NAPA or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations, or warranties shall not terminate.

COMPLETE AGREEMENT

These Terms and Conditions, the Privacy Policy and any terms and conditions of purchase you may enter into in relation to purchases of products on this Website, contain the entire agreement between you, UAP, and NAPA relating to your use of this Website.

® 2016 by UAP Inc. All rights reserved.

TERMS AND CONDITIONS OF PURCHASE

These Terms and Conditions of Purchase, the Terms and Conditions of Use [Note: insert link for conditions of use] of www.napacanada.com (the “Site”), and the Privacy Policy [Note: insert link of privacy policy] (together, the “Terms of Purchase”) govern any order, reservation, or purchase you make on the Site. The Terms of Purchase are an agreement between you and UAP Inc. (“UAP”).

PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS AND CONDITIONS OF USE [Note: insert link for conditions of use],AND THE PRIVACY POLICY[Note: insert link of privacy policy], WHICH ARE HEREBY INCORPORATED BY REFERENCE. BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PURCHASE AND THE TERMS OF USE AND TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH UAP.

1.ACCEPTANCE OF ORDERS

Only residents of Canada who have reached the age of majority in their province of residence may place orders through the Site. Product orders on the Site are available to be picked up within Canada only.

Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address, and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.

We may limit quantities available for reservation or sale and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.

2.PICK-UP, SHIPMENT, AND DELIVERY

Orders made for in-store pick-up will be available for pick-up in the store at the time indicated on the confirmation email you will receive after placing your order.

For online purchases, the delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier, and estimated date of delivery or time for delivery, are described during the purchase process but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.

3.METHODS OF PAYMENT

Orders made online for in-store pick-up are payable in store when they are picked up.

4.RETURN POLICY

NAPA Auto Parts believes in customer satisfaction. Should you decide to return an item within 30 days of your purchase at the original NAPA Auto Parts store where it was purchased, simply present the original purchase receipt¹, and we will provide you the option of an exchange or a refund of the purchase price in the original form of payment².

Customers may choose to return:

  • Any new item in original packaging and condition.
  • Any used core, as long as it is brought back in the box that contained the new product.
  • Any item received in a damaged or defective condition.
  • Any item received in error.

Certain exceptions and exclusions to our returns policy may apply.
Please note the distinction between NAPA Auto Parts stores, NAPA AUTOPRO, and NAPA AutoCare centres. While NAPA AUTOPRO and NAPA AutoCare centres can service your vehicle with quality NAPA parts, participating NAPA Auto Parts stores can accommodate your return requests when provided with your original purchase receipt¹.

EXCHANGES
Exchanges are handled in the same manner as product returns. To exchange a product, simply bring it to the original NAPA Auto Parts store of purchase within 30 days of purchase, in its original condition and packaging, and with your original purchase receipt¹.

Certain exceptions and exclusions to our returns policy may apply.

RETURNING USED CORES
If you have paid a core charge for an item purchased from NAPA Auto Parts, you are eligible for core credit³ upon return of the old core unit. Used cores can be returned at any time provided that the replacement parts were purchased at NAPA Auto Parts and that they are returned to the original NAPA Auto Parts store of purchase in the box you received with the new product and that you provide a copy of your original purchase receipt¹.

Before returning your core, be sure to drain fluids (excluding batteries) from the core and place the latter in a plastic bag to prevent leakage. Then pack the core in the box that contained the new part you purchased from NAPA Auto Parts.

SPECIAL ORDERS
NAPA Auto Parts may not be held responsible for shipping delays of any kind. All delivery dates provided are approximate and in no way constitute a promise of delivery upon said dates. No discount, return, or any other form of compensation will be provided to any client for late deliveries or for deliveries on a date other than the one estimated at the time of order. Special orders may not be returned or cancelled under any circumstances.

EXCEPTIONS
There are some exceptions to our return policy. These include the following:

  • Returns, exchanges, or warranties on an item without your original purchase receipt1 will not be accepted.
  • Defective items are subject to the manufacturer’s warranty and will be repaired or replaced.
  • Electronics (home audio and video electronics, personal audio and video electronics, cameras and accessories, communications networks) may only be returned within 14 days. All other rules apply.
  • Auto electronics (backup cameras, code readers, Bluetooth devices, car audio products, GPS units, inverters, portable DVDs, remote starters, satellite radios) may only be returned within 14 days. All other rules apply.
  • Special application (tuning, performance enhancement) automotive parts.
  • Special orders may not be returned or cancelled.
  • Giveaway items have no warranties.

EXCLUSIONS
Some products at NAPA Auto Parts are non-refundable and non-exchangeable. These include the following:

  • Gift cards
  • Application automotive parts that have been installed
  • Oils, grease, and lubricants
  • Chemicals
  • Tinted paint and stain products
  • Electrical test equipment
  • Personal safety products (respiratory protection, ear protection, fall protection, coveralls, first aid kits)
  • Products cut to length or modified
  • Books and shop manuals
  • Clearance or final sale merchandise

If you have any questions about NAPA Auto Parts’ return policy, please contact Customer Support.

¹ Email confirmation of your online reservation does not qualify as a receipt or a proof of purchase.
² Less the value of any giveaway items (if not part of the return) or other benefits given at the time of the original purchase.
³ No tax refund on cores (except with a valid tax number)

5.ERRORS

If we discover that a product’s price, description, or specifications are misstated or incorrect, we will endeavour to correct the error on our Site. If we make an error with regard to your order, we may correct or cancel an order at any time and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).

6. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY, AND INDEMNITY

OTHER THAN FOR EXPRESS, LEGAL, OR IMPLIED WARRANTIES THAT MAY NOT BE A DISCLAIMER OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS YOU RESERVE OR PURCHASE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND.

UAP AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCTS YOU RESERVE OR PURCHASE OR THESE TERMS OF PURCHASE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW OR EQUITY).

7.PRIVACY

UAP collects, uses, and discloses personal information in accordance with its Privacy Policy, available at ? [Note: insert URL and link of Privacy policy]. By accepting these Terms of Purchase, you consent to UAP’s collection, use, and disclosure of personal information in accordance with this Privacy Policy as it then reads.

8.GENERAL

These Terms of Purchase and all related matters are governed solely by the laws of the Province of Quebec without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. Any dispute arising from, connected with, or relating to these Terms of Purchase or any related matters will be resolved by the laws of the Province of Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts.

These Terms of Purchase enure to the benefit of UAP and its successors, assigns, and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. UAP may assign its rights and obligations under these Terms of Purchase without your consent. If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect. No consent or waiver by UAP of any breach or default in the performance of obligations under these Terms of Purchase will be construed as a waiver of any other breach or default not be effective unless in writing and signed by the party granting this waiver.

The parties have expressly requested and required that these Terms of Purchase and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.

9.CONTACT INFORMATION

UAP Inc.
7025 Rue Ontario Est
Montreal, Quebec
H1N 2B3 Canada

1 866 438-6272