Terms of Use
Welcome to bmwauto-parts.com (the “Site”). This Site is operated by 8020 Holdings, LLC d.b.a. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not use this Site.
We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of any changes will constitute your acceptance of the changes.
1. Privacy Policy
Your privacy is very important to us. Our Privacy Policy, which governs how we collect and use your personal information, is incorporated by reference into these Terms. We encourage you to read our Privacy Policy carefully.
2. Use of the Site
You agree to use the Site only for lawful purposes. You are granted a limited, non-exclusive, revocable license to access the Site and its content for your personal, non-commercial use. You agree not to use the Site for any of the following:
Engaging in any activity that would constitute a criminal offense or give rise to a civil liability.
Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic material.
Using the Site to impersonate any person or entity.
Interfering with the security of, or otherwise abusing this Site or any of its services.
Attempting to gain unauthorized access to any part of the Site that is restricted from public access.
3. User Accounts
To access certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties.
4. Product Information, Pricing, and Availability
We strive to provide accurate and up-to-date information on the Site, but we do not warrant that product descriptions, pricing, availability, or other content is accurate, complete, reliable, or error-free.
Pricing Errors: In the event of a pricing error, we reserve the right to cancel any orders placed for the product at the incorrect price, even if you have received an order confirmation.
Availability: All orders are subject to availability. Some parts may be special order items that require additional time for delivery. We will notify you if a part is on backorder or unavailable.
5. Vehicle Identification Number (VIN) and Fitment Policy
To ensure the correct fitment of parts for your specific vehicle, we strongly recommend you provide your 17-digit Vehicle Identification Number (VIN) at checkout.
With VIN: If you provide your VIN, our team will manually verify the fitment of each part in your order. If we make an error and send an incorrect part, we will bear the full cost of the return and replacement.
Without VIN: If you do not provide a VIN, you are solely responsible for ensuring the parts you order are correct for your vehicle. We cannot guarantee fitment and are not responsible for return shipping costs or restocking fees for incorrectly ordered parts.
6. Orders, Payment, and Cancellation
Order Acceptance: Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. The contract of sale is not formed until the goods are shipped from our facility.
Payment: You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Cancellation: To cancel an order, you must contact us immediately. We will make every effort to accommodate your request; however, if the order has already been processed or shipped, it cannot be canceled and must be treated as a return.
7. Shipping and Risk of Loss
All items purchased from our Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (e.g., UPS, FedEx, USPS). We are not responsible for lost or stolen packages after they have been delivered to the carrier.
8. Returns and Refunds
Our return and refund procedures are governed by our Return Policy, which is incorporated by reference into these Terms. Please review it carefully. Special-order items and electrical components may not be eligible for return.
9. Intellectual Property
All content included on this Site, such as text, graphics, logos, images, audio clips, digital downloads, and software, is the property of [Your Company Name] or its content suppliers and is protected by United States and international copyright laws.
The trademarks, logos, and service marks, including but not limited to “BMW,” the BMW roundel logo, and specific model names (e.g., M3, X5, 330i), are registered trademarks of Bayerische Motoren Werke AG (BMW AG). We use these names and logos for identification purposes only and are not affiliated with or endorsed by BMW AG or BMW of North America, LLC.
10. Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
PRODUCT WARRANTY: We do not provide a warranty for the products sold on this Site. All parts are covered by the manufacturer’s warranty only. This warranty is honored at any authorized BMW dealership in the United States. We will assist you with the warranty process, but we do not process the claim ourselves.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, [YOUR COMPANY NAME] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY PRODUCTS PURCHASED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, OR COSTS ASSOCIATED WITH THE INSTALLATION OR REMOVAL OF ANY PARTS, OR SHOP LABOR FEES. YOUR SOLE REMEDY IS TO RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY.
11. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account by you or any other person accessing the Site using your account.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. You agree that any legal action or proceeding between you and [Your Company Name] shall be brought exclusively in a federal or state court of competent jurisdiction sitting in [County, Your State].
13. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in full force and effect.
14. Contact Information
If you have any questions about these Terms, please contact us at:
BMW Auto Spare Parts
parts@bmwpartsfactory.com
8020 Holdings, LLC d.b.a bmwauto-parts.com, 1942 Broadway Street, Suite 314C, Boulder CO 80302, United States
