Terms of service
LaCorte Automotive — Terms of Service
OVERVIEW
Welcome to LaCorte Automotive! The terms "we", "us" and "our" refer to LaCorte Automotive. LaCorte Automotive operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). LaCorte Automotive is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as service turnaround and completion times, limited warranties and how to make a warranty claim, warranty disclaimers, and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. LaCorte Automotive reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until LaCorte Automotive confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as LaCorte Automotive may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Any turnaround, completion, processing, or delivery time referenced at the time you place an order is an estimate only and does not form part of the agreement between you and us. Time is not of the essence in any transaction with LaCorte Automotive unless we have expressly agreed otherwise in a signed writing.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SERVICE TURNAROUND AND COMPLETION TIMES
All turnaround times, completion dates, processing windows, lead times, and similar time estimates communicated by LaCorte Automotive — whether posted on our website, listed on a product or service page, stated in a quote, provided by email, text message, or telephone, or given verbally in person — are good-faith estimates only. They are not guarantees, warranties, promises, or commitments of any kind, and they do not create a binding deadline.
Estimated turnaround times may be exceeded for reasons including, but not limited to: parts availability, backorders, or supplier delays; shipping and carrier delays affecting inbound or outbound units; the condition of a core, module, vehicle, or component upon receipt; faults, damage, corrosion, prior repair work, or tampering discovered during diagnosis or disassembly; additional diagnostic time required to isolate an intermittent or multi-system fault; the need for additional authorization from you for supplemental work; software, firmware, licensing, server, or vendor-platform availability required to complete programming, coding, cloning, or tuning work; equipment failure; scheduling volume; illness or staffing limitations; weather; utility interruption; or any other cause outside our reasonable control.
You acknowledge and agree that LaCorte Automotive shall not be liable to you or to any third party for any loss, cost, expense, or damage of any kind arising out of or related to a delay in completing, shipping, or returning any product or service, including but not limited to: rental vehicle costs; alternate transportation, rideshare, or towing costs; storage fees; lost wages, lost income, lost profits, or lost business opportunities; downtime or loss of use of a vehicle, engine, module, or component; missed appointments, inspections, registration deadlines, events, races, shows, or travel; cancellation or rebooking fees; costs of cover or substitute performance; or any other incidental, consequential, special, or indirect damages.
If a delay occurs, we will make reasonable efforts to notify you and to keep you informed of revised expectations. Your sole and exclusive remedy for a delay is, at our sole discretion and where the work has not yet commenced or where an unstarted portion of the work remains, cancellation of the affected order and a refund of amounts paid for the uncompleted portion of that order, subject to our Refund Policy [LINK]. Where a component, module, or vehicle has already been disassembled, opened, tested, programmed, or otherwise worked upon, refunds are subject to deduction for labor and materials already expended.
Delay does not, on its own, constitute a failure to deliver, non-performance, defective service, or grounds for a chargeback or payment dispute.
SECTION 6 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times, transit times, and dispatch times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, address errors, failed or refused delivery attempts, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
You are responsible for packaging, insuring, and safely shipping any core, module, component, or unit that you send to us, and for any loss or damage occurring in transit to us. The limitations set out in Section 5 apply equally to any delay arising in connection with shipping or delivery.
SECTION 7 – LIMITED WARRANTY AND WARRANTY CLAIMS
7.1 Scope of Warranty
Where a warranty is offered on a product or service, it is stated on the applicable product or service listing, invoice, or repair order. Unless a warranty period is expressly stated in writing, products and services are sold AS IS with no warranty. Any warranty we provide is a limited warranty covering only defects in the part or workmanship supplied by LaCorte Automotive, and extends only to the original purchaser. Warranties are non-transferable and are void upon resale of the part or the vehicle in which it is installed, unless we agree otherwise in writing.
Our sole obligation under any warranty is, at our sole discretion, to repair the item, replace the item with an equivalent item, or refund the purchase price of the item. Our total liability under any warranty shall not exceed the amount you paid to us for the item.
7.2 How to Submit a Warranty Claim
All warranty claims must be submitted by email to salvatoremlacorte@gmail.com before any corrective work is performed and before the item is removed, returned, or shipped to us. Claims made by phone, text, or social media are not accepted as formal notice.
Your warranty claim email must include all of the following:
- Your order number (and invoice or repair order number, if applicable);
- Your full name and the name the order was placed under;
- Year, make, model, engine, and transmission of the vehicle the item was installed in, and the current mileage;
- Any check engine lights, warning lights, or malfunction indicators currently present;
- All stored and pending diagnostic trouble codes (DTCs), including manufacturer-specific codes, with a photo or screenshot of the scan tool output;
- A clear description of the issue, when it began, and what has changed since installation;
- The installation date, the name and contact information of the shop or individual who performed the installation, and a copy of the installation invoice;
- Any relevant photos or video of the item, its mounting, and its wiring or plumbing connections;
- Any freeze-frame data, live data, adaptation values, or logs available.
Incomplete claims cannot be processed. We may request additional information, further diagnostic testing, or the return of the item for inspection before approving or denying a claim. We may also require that diagnosis be performed or verified by LaCorte Automotive or by a facility we designate.
Do not return any item to us without first obtaining a written return authorization from us by email. Unauthorized returns may be refused or returned to you at your expense.
7.3 What the Warranty Does Not Cover
LaCorte Automotive is not responsible for, and no warranty covers, any of the following, whether or not the underlying warranty claim is approved:
- Delays of any kind, including delays in evaluating, approving, repairing, replacing, refunding, or shipping under a warranty claim. Section 5 applies in full to all warranty claims;
- Storage fees, lot fees, yard fees, or holding charges assessed by any shop, dealership, tow yard, or facility while an item or vehicle awaits diagnosis, parts, return shipment, or a warranty determination;
- Labor, mechanic, or shop charges of any kind incurred by you or by a third party in diagnosing, removing, reinstalling, re-testing, programming, adapting, relearning, aligning, calibrating, flushing, filling, or otherwise servicing a warrantied item or the vehicle it is installed in;
- Fluids, filters, gaskets, seals, hardware, coolant, refrigerant, or other consumables and incidentals;
- Towing, rental vehicles, alternate transportation, downtime, loss of use, lost wages, lost profits, missed appointments, or any other incidental or consequential damages;
- Freight, shipping, insurance, customs, or return shipping charges, unless we expressly agree in writing to cover them;
- Normal wear, cosmetic condition, noise, or age-related deterioration;
- Any other component, part, or system of the vehicle affected by, connected to, or damaged in connection with the warrantied item.
Reimbursement for third-party labor is available only where we have authorized that specific labor, at a specific facility, at a specific rate, in writing and in advance. No verbal authorization is valid.
7.4 Grounds for Denial of a Warranty Claim
A warranty claim may be reduced or denied in full, at our sole discretion, where the item has been misused, improperly installed, or improperly maintained. This includes, without limitation:
- Installation by a person or facility not qualified to perform the work, or installation not performed in accordance with the manufacturer's or our published procedures, torque specifications, or service information;
- Failure to complete required post-installation procedures, including but not limited to transmission adaptation resets and relearn procedures, TCU/ECU/DME coding, programming, or flashing, ISN or immobilizer alignment, throttle or crank relearns, bleeding, priming, or fluid fill and level-set at specified temperature;
- Use of incorrect, contaminated, or insufficient fluid, incorrect fluid level, failure to replace filters or coolers where required, or failure to flush cooler lines prior to installation of a transmission or torque converter;
- Operation of the vehicle with a known fault, active warning light, overheating condition, low fluid level, or after the item began exhibiting symptoms;
- Abuse or misuse, including racing, competition, off-road use, launching, drifting, dyno testing, towing beyond rated capacity, overloading, sustained overheating, or operating the vehicle while it is unsafe or undriveable;
- Modification of the item or the vehicle, including tuning, chipping, remapping, forced-induction changes, nitrous, torque-increasing modifications, drivetrain or gearing changes, or any alteration that increases load beyond the item's design;
- Disassembly, opening, repair, alteration, machining, re-flashing, or attempted repair of the item by anyone other than LaCorte Automotive or a facility we designate;
- Removal, defacement, or alteration of any serial number, date code, part number, or warranty seal or label;
- Damage caused by an unrelated failing component, an underlying electrical or mechanical fault not corrected prior to installation, improper grounding, low or unstable system voltage, jump-starting or welding on the vehicle, water intrusion, flood, fire, collision, theft, vandalism, rodent damage, or act of God;
- Failure to notify us in writing before corrective work is performed, or performing corrective work without our prior written authorization;
- Failure to provide the information listed in Section 7.2, or provision of information that is false, incomplete, or misleading.
We reserve the right to inspect the item, the vehicle, and the installation before making a warranty determination. If inspection shows the failure resulted from any cause listed above, the claim will be denied and you will be responsible for all costs, including inspection, freight, and return shipping.
7.5 Software, Tuning, Programming, and Cloned Modules
Software files, tunes, calibrations, coding, cloning, and programming services are provided for off-road or intended-use purposes as described at the time of sale and, once delivered or performed, are non-refundable and carry no warranty of vehicle performance or emissions compliance. You are solely responsible for confirming the legality of any modification in your jurisdiction, for maintaining a backup of your original file, and for the mechanical condition of the vehicle. We are not responsible for damage to any module, vehicle, or component arising from an interrupted programming session, low or unstable vehicle voltage, defective or unsupported interface hardware, or use of a file on any vehicle other than the one it was prepared for.
SECTION 8 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by LaCorte Automotive, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of LaCorte Automotive, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by LaCorte Automotive.
LaCorte Automotive's names, logos, product and service names, designs, and slogans are trademarks of LaCorte Automotive or its affiliates or licensors. You must not use such trademarks without the prior written permission of LaCorte Automotive. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 9 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 11 – RELATIONSHIP WITH SHOPIFY
LaCorte Automotive is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with LaCorte Automotive. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LaCorte Automotive, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with LaCorte Automotive.
SECTION 12 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 13 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, turnaround times, lead times, processing windows, transit times and availability. Posted or quoted turnaround and transit times may be inaccurate, out of date, or inapplicable to your particular order, and you agree not to rely on them as a guarantee. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 15 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm LaCorte Automotive, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 16 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Service Turnaround and Completion Times, Limited Warranty and Warranty Claims, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY LaCorte Automotive IN A WRITTEN LIMITED WARRANTY UNDER SECTION 7, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY PRODUCT OR SERVICE WILL BE COMPLETED, SHIPPED, OR RETURNED WITHIN ANY PARTICULAR TIME PERIOD. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 18 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LaCorte Automotive, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DELAY-RELATED COSTS, RENTAL VEHICLE OR ALTERNATE TRANSPORTATION COSTS, TOWING OR STORAGE COSTS, LOSS OF USE, DOWNTIME, LOST WAGES, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FROM ANY DELAY IN THE PERFORMANCE, COMPLETION, SHIPMENT, OR RETURN OF ANY PRODUCT OR SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY INACCURATE TURNAROUND OR DELIVERY TIME ESTIMATE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY ORDER EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THAT ORDER.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LaCorte Automotive, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). This includes any verbal, written, or electronic statement regarding estimated turnaround or completion time, which is superseded by and subject to Section 5.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where LaCorte Automotive is headquartered. You and LaCorte Automotive consent to venue and personal jurisdiction in such courts.
SECTION 24 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at salvatoremlacorte@gmail.com.
Our contact information is posted below:
- salvatoremlacorte@gmail.com
APPENDIX — SHORT-FORM NOTICES (not part of the Terms; for use elsewhere on the site)
For product/service pages, directly beneath any posted turnaround time:
Turnaround times are estimates only and are not guaranteed. Delays may occur due to parts availability, carrier delays, core condition, or issues found during diagnosis. We are not responsible for costs arising from delays, including rental vehicles, towing, downtime, or lost wages. See Section 5 of our Terms of Service.
For checkout (one line above the pay button, ideally with a required checkbox):
I understand that all turnaround and delivery times are estimates only, are not guaranteed, and that LaCorte Automotive is not liable for costs arising from delays. I agree to the Terms of Service.
For product pages, near the warranty terms:
Warranty claims must be submitted by email before any corrective work is performed. Include your order number, current mileage, any check engine or warning lights, and all stored trouble codes. We do not cover mechanic labor, storage fees, or delays. See Section 7 of our Terms of Service.
For the order confirmation email:
Please note: the timeframe shown is an estimate, not a guaranteed completion date. We'll notify you if anything changes. Per our Terms of Service, we are not responsible for costs associated with delays.