Terms and Conditions – Upscale Parts
Welcome to Upscale Parts. By accessing, browsing, or making purchases through upsacaleparts.com, you agree to be bound by the following Terms and Conditions. These terms constitute a legally binding agreement between you and Upscale Parts regarding your use of our website and the purchase of our products. We strongly encourage you to read this document carefully before proceeding with any transaction. If you do not agree with any part of these terms, we respectfully ask that you refrain from using our site or placing orders. Our goal is to establish a clear, fair, and transparent framework that protects both you and us, ensuring a positive and trustworthy shopping experience for everyone in our automotive community.
1. Acceptance of Terms
By using upsacaleparts.com, you acknowledge that you have read, understood, and accepted these Terms and Conditions in their entirety. These terms apply to all visitors, users, and customers, whether you are browsing our catalog, creating an account, or completing a purchase. We reserve the right to update or modify these terms at any time without prior individual notice. Any changes will be posted on this page, and the updated effective date will be indicated at the top. Your continued use of the website following any modifications constitutes your acceptance of the revised terms. We advise you to review this page periodically to remain informed of any changes that may affect you.
2. Eligibility and Account Responsibility
To place an order with Upscale Parts, you must be at least the age of majority in your jurisdiction and have the legal capacity to enter into binding contracts. When you create an account on upsacaleparts.com, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration and checkout processes. You are solely responsible for any consequences arising from the use of your account by any third party, whether authorized or unauthorized. We reserve the right to suspend or terminate your account if we suspect any fraudulent, abusive, or unauthorized activity.
3. Product Information and Accuracy
We strive to provide the most accurate and detailed product descriptions, specifications, and images possible. However, automotive parts are complex, and variations can exist between different production runs, vehicle models, and regional market configurations. All product listings on upsacaleparts.com are provided for informational purposes, and we do not warrant that every description, photograph, or specification is entirely error-free. We make every effort to correct any inaccuracies as soon as they are identified. We also reserve the right to discontinue any product at any time without prior notice. While we endeavor to display product colors and finishes accurately, we cannot guarantee that your device’s screen will reproduce these details with complete fidelity.
4. Pricing and Payment
All prices listed on upsacaleparts.com are quoted in the currency displayed at checkout and are subject to change without prior notice. We strive to ensure that all pricing information is accurate, but occasional errors may occur. If we discover a pricing error for an item you have ordered, we will notify you promptly and give you the option to proceed at the corrected price or cancel your order. Payment must be made in full at the time of order placement. We accept various secure payment methods, all of which are processed through reputable, encrypted payment gateways. By submitting your payment information, you represent and warrant that you have the legal right to use the selected payment method. We reserve the right to refuse or cancel any order if we suspect fraudulent activity or if payment cannot be successfully processed.
5. Order Acceptance and Confirmation
When you place an order through upsacaleparts.com, you are making an offer to purchase the selected products under these Terms and Conditions. Our receipt of your order does not constitute our acceptance of that offer. We reserve the right to accept or decline any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud. If we decline your order, we will notify you and provide a refund for any amounts already charged. Order acceptance occurs at the moment we dispatch the products from our facility, at which point a binding contract is formed. You will receive a confirmation email with order details; however, this communication is for informational purposes only and does not confirm our acceptance of the order.
6. Product Use and Intended Application
All products sold by Upscale Parts are intended for use in automotive applications. It is your sole responsibility to ensure that any part you purchase is suitable for your specific vehicle and intended use. We strongly recommend that you verify compatibility by consulting your vehicle’s service manual or a qualified automotive technician before installation. We disclaim all liability for any damage, injury, or loss resulting from the misuse, improper installation, or inappropriate application of any product purchased from upsacaleparts.com. If you are uncertain about the installation process, we advise seeking professional assistance from a certified mechanic. Safety-critical components, in particular, must be installed by qualified professionals to ensure proper function and compliance with safety standards.
7. Title and Risk of Loss
Title to all products purchased from Upscale Parts passes to you at the moment we dispatch your order from our facility. From that point forward, you assume all risk of loss and damage to the products during transit. We take extensive precautions in packaging to minimize the risk of in-transit damage, but we are not responsible for loss or damage that occurs after the carrier takes possession of your shipment. In the event of loss or damage during shipping, you may file a claim with the carrier. We will assist you in this process to the best of our ability, but ultimate responsibility rests with the shipping carrier.
8. Intellectual Property Rights
All content displayed on upsacaleparts.com—including but not limited to text, graphics, logos, product images, software, and design elements—is the exclusive property of Upscale Parts or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use this content for personal, non-commercial purposes related to your shopping experience. You may not reproduce, distribute, modify, display, or create derivative works from any content on our site without our prior written consent. Any unauthorized use of our intellectual property may result in legal action.
9. User-Generated Content and Reviews
We value feedback from our community. When you submit reviews, comments, or other content to upsacaleparts.com, you grant us a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and display such content in any form and for any purpose. You represent that you have all necessary rights to the content you submit and that it does not infringe upon the rights of any third party. We reserve the right to moderate, edit, or remove any user-generated content that we deem inappropriate, offensive, or in violation of these terms. We are not responsible for any content posted by users, and the views expressed in such content do not necessarily reflect our own.
10. Disclaimer of Warranties
Except as expressly provided in these Terms and Conditions, upsacaleparts.com and all products sold through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. While we strive to ensure the accuracy of product information, we do not warrant that any product will meet your expectations or that it will be compatible with your specific vehicle configuration. This disclaimer does not affect any statutory rights you may have under applicable law.
11. Limitation of Liability
To the maximum extent permitted by law, Upscale Parts, our employees, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of upsacaleparts.com or the purchase and use of our products. This includes, but is not limited to, damages for loss of profits, loss of data, vehicle damage, personal injury, or property damage. Our total aggregate liability to you for any claim arising from or relating to these terms or your purchase shall not exceed the total amount you paid for the specific product giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Upscale Parts, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of upsacaleparts.com, your violation of these Terms and Conditions, your violation of any rights of third parties, or your improper installation or use of any products purchased from us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defenses.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supply chain disruptions, government actions, or technical failures. In the event of such circumstances, the affected party shall be excused from performance for the duration of the interruption and shall make reasonable efforts to resume performance as soon as possible.
14. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Upscale Parts operates, without regard to its conflict of law principles. Any dispute arising from or relating to these terms or your use of upsacaleparts.com shall be resolved exclusively through binding arbitration in accordance with the rules of the applicable arbitration association. The arbitration shall be conducted in the English language, and judgment upon the arbitration award may be entered in any court having jurisdiction. You agree to waive any right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration. By using our website, you voluntarily submit to this dispute resolution process.
15. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the original intent and economic effect.
16. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices published on upsacaleparts.com, constitute the entire agreement between you and Upscale Parts regarding your use of our website and the purchase of our products. They supersede all prior negotiations, representations, or agreements, whether written or oral. No amendment or waiver of any provision of these terms shall be effective unless made in writing and signed by an authorized representative of Upscale Parts. We appreciate your understanding and cooperation in adhering to these terms, as they enable us to operate efficiently and continue serving the automotive community with integrity and excellence.
17. Acknowledgment
By using upsacaleparts.com and placing orders with us, you acknowledge that you have read these Terms and Conditions, understood them, and agreed to be bound by them. You also acknowledge that these terms are reasonable and that you have had the opportunity to seek independent legal advice if you so desired. We are committed to treating every customer with fairness and respect, and we expect the same in return. Thank you for choosing Upscale Parts as your trusted automotive partner—we look forward to serving your restoration and performance needs for years to come.