GENERAL TERMS AND CONDITIONS
Last Updated: 1/25/2022
Agreement between User an Prekom-USA
Welcome to Prekom USA INC.
The Prekom-USA website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, condition and Notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read them carefully and keep a copy of them for your reference.
A Customer is any natural person or legal entity who negotiates with the Supplier or receives an offer from the Supplier or places an order with the Supplier, irrespective of the fact whether a sales agreement is hereinafter entered into with the Supplier or not.
The Supplier is the company PREKOM USA INC.
The Goods under these General Terms and Conditions are goods from the Supplier’s regular range of products and goods manufactured to the Customer’s specification, which are entirely customized to the needs and desires of the Customer.
Collection of Information and sharing of Information
We collect Personal Information (info that relates directly or indirectly with a particular consumer). We only collect information provided directly from the consumer (through all the communication with us: name, email address, shipping address, phone number, payment information, company name and other profile info the consumer provides to us). We may derive the approximate location of your device from your IP address.
In general, we use your personal information mainly for communications, to process your requests, or transactions.
We will not share, sell, or trade any provided information from the consumer with any third party, unless with the consumer’s consent.
We may disclose personal information with third parties to comply with laws or respond to lawful requests and legal process.
We also collect Aggregate data to help us understand costumer’s needs.
We will store collected information about our consumers for as long as is necessary. We may retain certain information for legitimate business purposes or as required by law.
If consumer’s personal information changes in any way, the consumer must update or correct the information in order to place orders through the Site.
Visiting Prekom-USA or sending emails to PREKOM USA INC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosers, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
PREKOM USA INC. may send you promotional information, updates, new products. Etc. You may opt out of receiving this kind of emails by emailing PREKOM USA INC.
The Site may offer social sharing features. Costumer’s use of such features enables the sharing of information with consumer’s friends or public.
California privacy rights
Consumers residing in California have certain additional rights with the respect to their personal information under the California Consumer Privacy Act (CCPA California Civil Code Section 1798.100 et seq.) or and the Shine the Light Law(California Civil Code Section 1798.83).If you are a California resident, this section applies to you.
California Consumer Privacy Act
Additional Disclosures Related to the Collection, Use, Disclosure of Personal Information
Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio and visual information, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points, we collect and the sources of such collection.
We collect information from you in various ways when you use our Services. We may also supplement this information with information from other companies. We collect two general types of information: personal information and aggregate data. As used in this Policy, the term “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Our definition of personal information does not include “aggregate data”. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our Services.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you register to use our Services or update your profile, participate in any interactive features of the Services (such as sending a message), make a purchase, participate in a contest or promotion, apply for a job, request customer support, post on forums, or otherwise communicate with us. The types of information we may collect include: your name and email address; shipping address; phone number; credit card and other payment information; company name, company title, and other profile information you provide; demographic information; information you upload like photos.
Other Information We Collect When You Use our Services
When you access or use our Services, we automatically collect information about you, including:
- Usage Information:We automatically receive certain types of information when you interact with our Services. For example, it is standard for your web browser to automatically send information to every web site you visit, including ours. That information includes your computer’s IP address, access times, your browser type and language, and referring web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.
- Transactional Information:When you make a purchase or return, we will collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
- Log Information:We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
- Device and Activity Information:We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. When using your computer or mobile device with the Services, data recorded on your computer or mobile device about your activity is transferred from your computer or mobile device to our servers. This data is stored and used to provide the Service and is associated with your account. We also collect information about any rehabilitee protocols you may be using.
- Location Information:We may derive the approximate location of your device from your IP address. In accordance with your device permissions, we may also collect information about the precise location of your device. You have the ability to stop the collection of precise location information at any time with changing the cookies policy.
- Submissions and Company Service:From time to time we may use surveys, contests or sweepstakes requesting personal or demographic information and customer feedback. If you choose to order a product through the Services, you may post a Product review.
- Payment and Shipping Information.If you choose to order a product through the Services, our payment processing vendor collects your payment card information and billing address, and your shipping address and other contact details, such as email address and phone number, may also be collected.
Information We Collect from Other Sources
We may also obtain information about you from other sources. For example, we may collect information about you from third parties, including but not limited to mailing list providers and publicly available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.
Information We Derive
We may derive information or draw inferences from you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address.
We collect personal information for the business and commercial purposes.
In general, we use your personal information to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Services and to otherwise serve you and our users. We also use the information we collect to:
- Enable you to conduct commercial transactions on the Site;
- Send you a welcoming email and to contact you about your use of the Services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our service; to respond to customer support inquiries, for assistance with our product and service development; and to inform you of updates to products and services from Company that better meet your needs;
- Enable you to post submissions on the Site and for you to communicate with other users of the Site;
- Request feedback and to enable us to develop, customize, and improve our Services;
- Conduct marketing analysis, monitor and analyze trends, to send you surveys or newsletters, to contact you about services, products, activities, special events or offers from Company or our partners and for other marketing, informational, product development and promotional purposes;
- Facilitate contests, sweepstakes, and promotions and process and deliver entries including contacting you if you win a contest;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of Company and others;
- Debug to identify and repair errors that impair existing intended functionality; and
- For other purposes about which we notify you.
Sharing of information
We will not give, sell, rent, share, or trade any of your personal information with any third party except as outlined in this Policy or with your consent. We may disclose personal information:
- With service providers that perform services for us, including to provide the Services to you, including by providing personal information to our third-party payment processors, to original equipment manufacturers of products you order from the Site, and other third-party vendors or service providers that have contracted with us to provide the Services to you who need access to such information to carry out work on our behalf and who may use personal information to improve their services;
- With service providers who provide fraud detection and prevention services to us;
- With third parties to comply with laws or respond to lawful requests and legal process, including national security requirements;
- With your consent or at your direction.
The Services may include features that by their nature support sharing your content (i.e., photos, videos, text) that you upload or post on the Services in a public forum, such as a discussion forum or product reviews. Other users of the Services can see personal information you choose to share, such as your location, interests, occupation and birthday; and they can post comments in response to certain of your public submissions.
This Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about you and our users with third parties for various purposes in perpetuity, including to help us better understand our customer needs and improve our Services, to provide new Services and for advertising and marketing purposes. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our Services.
Social sharing features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), [which let you share actions you take on our Services with other media, and vice versa]. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and anylytics services provided by others
We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
Network and information security
We take reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction.
The servers on which information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information, we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any collected personal information you choose to include in the Services are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.
Transfer of information to the U.S. and other countries
To provide the Services, we may transfer your information to our servers in the United States or other countries. When we transfer information from the European Economic Area (“EEA”) to countries that have not been deemed to provide an adequate level of protection, we employ data processing agreements based on the Standard Contractual Clauses to help ensure that your data is protected wherever it is transferred. You may request a copy of these clauses by contacting us.
When we transfer personal data from the European Union or Switzerland to the United States, we comply with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States, respectively. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of your personal data. EU and Swiss individuals with inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution – American Arbitration Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the International Centre for Dispute Resolution – American Arbitration Association are provided at no cost to you.
Updating your account information
If your personal information changes in any way, you must correct or update your information in order to place orders for products through the Services. You can make updates to your profile information by logging into your account on the Services at any time to the extent such feature is available. You can also request changes or access to your information by emailing us.
Disclosure of Personal Information: We may share your personal information with third parties as described in the Sharing of Information section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, internet and electronic network activity information, commercial information, audio and visual information, geolocation data, demographic information, inferred information, and other information that we have derived or inferred about you or that relates to or is reasonably capable of being associated with you.
Sale of Personal Information: Company does not, and will not, sell the personal information of our customers.
Submissions and Company Service
We may use survey, contests or sweepstake. If you choose to order a product through the Site, you may post a Product review or Feedback. In these terms we will collect your personal information such as your Name or Company name.
Changes to the Policy
Changes to the Terms/Policy may change.
No Unlawful or Prohibited Use/Intellectual Property
Confidential Information, Protection of Confidential and Other Data, Customary practices
The confidential information exchanged between the Supplier and the Customer include, but are not limited to, financial data, business plans and strategies, business operations and systems, trade secrets and information related to sales representatives, employees, customers and suppliers or supplier’s technology, such as for example, discoveries, innovations, improvements, research, development, know-how, models, product specifications, software, codes, schematics, drafts, prototypes, devices, hardware, technical documentation and manufacturing processes.
The Supplier shall be entitled to submit data of the Customer to third parties for the needs of its own promotion and if required so by the regional laws, and in particular, the Supplier shall be entitled to use and submit the data about the Customer to insurance companies, banks and other financial organizations.
The Customer may not disclose, distribute or publish confidential and other information received during negotiations with the Supplier on the conclusion and realization of business cooperation to any natural person or legal entity without the prior written consent of the Seller, except to its own employees who are bound to comply with these provisions; in addition, the Customer may not use confidential information for any other purposes.
The Customer agrees in order to prevent any unauthorized disclosure of confidential information to act with a reasonable measure of due diligence, and in no instance with a lower degree of due diligence than applied in protection of its own most confidential information.
The customary practices for commodities are herewith excluded.
Ordering and confirmation of orders
Orders can be placed through the Site or by email.
Confirmation of the order by the Supplier
The Supplier undertakes, in the event of ordering goods from the regular range of products, to send an offer or rejection of the order to the Customer within 72 working hours following receipt of the order.
In the event of ordering goods manufactured to the Customer’s requirements and preferences, the Supplier undertakes to provide the Customer with an offer or the rejection of the order within 15 business days following receipt of the order.
The Supplier shall submit the offer or the rejection of the order in the same manner as the order was received.
If the Supplier should fail to issue an offer or rejection of the order, the Customer’s order shall be deemed rejected.
Acceptance of the offer by the Customer
The Customer undertakes to inform the Supplier of its acceptance or rejection of the Supplier’s offer within 72 working hours following receipt of the Supplier’s offer.
Should the Customer fail to notify the acceptance of the offer within the period referred to in the preceding paragraph, the offer shall no longer be binding upon the Supplier.
All prices are in US dollars and are subject to change without notice.
The cost of installation is not included.
In the event that the prices increase from the date of confirmation of the order or the acceptance of the offer due to an increase in the input prices of intermediate goods or energy-generating products, the Supplier shall be entitled to increase the prices of its goods that are on stock and scheduled for delivery to the Customer or are in the stage of execution of the order for the same percentage as was the increase of the costs of input intermediate goods or energy-generating products. The Supplier undertakes to provide the Customer with competitive terms of cooperation throughout the entire duration of the cooperation.
Prices for the delivered goods shall apply only if the Customer accepts and actually assumes the quantity of goods listed in the order; otherwise, the Supplier shall be entitled to increase the prices accordingly.
- Delivery date
The Supplier shall be required to supply the goods which are the subject of the order within the period as agreed upon by the Customer and the Supplier in the Supplier’s offer.
If the commencement of the delivery term depends on the Customer’s fulfilment of certain obligations, such as either the delivery of the required data or advance payment or any other condition, the delivery term shall commence as of the date of meeting these requirements.
All orders are subject to commencement of the delivery date with a 100% advance payment or the issue of a 100% payment guarantee, unless agreed otherwise.
The agreed delivery term shall commence from the date of the Supplier’s confirmation of the order or acceptance of the offer.
Compliance with the delivery date is a prerequisite for timely and diligent fulfilment of the Customer’s obligations.
It shall be considered that the Supplier delivered the goods as of the date when the goods were dispatched by the Supplier.
- Supplier’s delay
The Supplier shall not be in delay with the delivery of goods if the reason for the delay lies in circumstances which cannot be influenced by the Supplier.
For example, untimely delivery of materials by the Supplier’s co-operators, force majeure, rejection or delay in issuing official authorizations, strikes at the Suppler, delays in shipping the goods shall be considered as reasons for delay which cannot be influenced by the Supplier.
In the case of delay of delivery of the goods, the Supplier undertakes to inform the Customer that a delay has occurred and set a new delivery date, unless the latter cannot be done due to objective circumstances.
The Supplier shall not be liable for damages that may occur to the Customer due to the delay in delivery of the goods.
In case of delay of delivery for reasons attributable to the Supplier, the delivery term may be extended for up to 7 days.
The Supplier, who is in delay, shall not be obliged to compensate the Customer for damages suffered due to such a delay.
In case of the Supplier’s delay, the Customer shall not be entitled to withdraw from the Contract, unless agreed otherwise in the Contract.
Terms of Payment
All online orders are required to be paid in advance, unless agreed otherwise.
The supplier undertakes to issue the invoice to the address specified in the order, namely individually for each delivery.
Unless otherwise agreed in writing, the invoices fall due on the date of issue in the net amount without deduction.
With all orders, the delivery shall be carried out subject to advance payment or cash on delivery, unless agreed otherwise.
In the event of complaints, the Customer shall be required to pay the part of the invoice that relates to the indisputably supplied goods or materials, or services rendered.
Place of Delivery, Place of Manufacture
The deliveries are performed from the company’s (PREKOM USA INC) warehouse in West Palm Beach, Florida, USA.
The place of manufacture is Central Europe, Republic of Slovenia
The Supplier shall be required to provide adequate packaging of goods, so that the goods cannot be damaged during transport in a way that they could become useless.
If the price of goods does not include packaging, the Supplier shall be required to indicate that separately on the invoice.
In case of returnable packaging, the packaging is excluded from the price. The Customer shall be required to return the returnable packaging to the Supplier at its own expense.
Quality of Goods
The quality of goods shall be determined by the Supplier and the Customer based on the relevant product quality criteria.
The Supplier shall guarantee to the Customer that the goods supplies meet the technical standards applicable as at that date and are free from defects which may occur due to the implementation which does not correspond to the specification, inadequate materials or poor processing. The quality of goods and their compliance with the technical documentation shall be proven with the corresponding documents.
Liability for damages
Unless stipulated otherwise in these General Terms and Conditions, the Customer shall have no right to compensation for damages regardless of any legal reasons.
The Supplier shall not be liable for any potentially incurred indirect damages, neither for the damages due to loss of profit or any other pecuniary loss of the Customer.
Vehicle racing is inherently a dangerous sport with significant risk of personal injury or even death. When a user participates in vehicle racing, he accepts the risk inherent therein. Prekom USA makes no warranty that the use of its products or parts guarantees personal safety or freedom from physical injury or operates as a life saving device.
All manufacturer’s names, photos, symbols & descriptions are used for reference only. They do not imply that any listed product is the product of these manufacturers unless otherwise noted.
Products sold by the buyer to third parties
The Suppler shall allow the Customer to sell the goods which are the subject of this Contract to third parties.
A Customer who sells the Supplier’s products to third parties, and thus does not buy the products for purposes of its own use, may not process or alter the products without the Supplier’s consent.
A Customer who sells the Supplier’s products to third parties must sell the Supplier’s products under the Supplier’s brand “PREKOM” and may not modify the designation of the product on any of the Supplier’s products.
The Supplier shall allow the Customer to sell the goods in its own packaging, however it must be evident from the packaging that the goods were manufactured by the Supplier.
Prekom-USA guarantees the workmanship of the products sold. If you have received a defective product, please contact us.
New and Unused Returns
We will gladly accept any returns within 90 days of purchase of any products that are unused. All returns must be new and unused in the original packaging in order to receive a full refund. Returns within a year of purchase which are new and unused in original packaging outside of the 90 days are eligible for a return for store credit. All items must be returned in the original packaging.
If your product arrives damaged, please contact us to assist with a solution. We will gladly look into the best way to help resolve the issue and replace your damaged parts.
Obvious defects must be reported in writing to the Supplier immediately upon receipt of the goods.
The Supplier shall not be liable for defects in the event of untimely notification of defects.
The Supplier shall provide a 24-month warranty, unless a longer period is prescribed by law.
Unless stipulated otherwise in item 12, the provisions of the law shall apply regarding material and legal defects.
In the event of timely notification of any defects, the Supplier undertakes to remedy the defects in a reasonable period or replace the goods.
The Supplier shall not be liable for defects resulting from incorrect or inadequate use of the goods, incorrect installation of goods, coincidence, off-label use, negligent use, maintenance, improper other equipment to which the goods are built-in or linked to, incorrect construction solutions of the Customer, inadequate location of use, or due to chemical, electrical, electronical impacts on the goods.
The Supplier shall not be liable for immaterial deviations from the agreed quality at minimum impact on the applicability of goods.
In the event that the Customer or a third party performs installation, alterations, conversion or repairs on the goods of the Supplier by itself or through unqualified personnel, the Supplier shall be free of any liability.
The Supplier shall provide a warranty for repairs and spare parts to the same extent as for the initial subject of supply, however only within the warranty period of the latter.
At the time of the complaint, the Customer shall be obligated to allow the Supplier upon its request to inspect the goods subject to the complaint, acceptance of goods and review of supporting documents. Until the acceptance of goods subject to complaint, the Customer bears the full risk of coincidental destruction of or damage to property.
All items sold by Prekom-USA are warranted to be free from defects from the manufacturer’s material, and workmanship prior to installation. Any alteration, race, improper use or improper installation will void this warranty. Warranty is limited, at our option, to the replacement, repair, or credit of the defective merchandise. The determination of all warranty claims will be at the sole discretion of Prekom-USA. Warranty does not cover any direct or indirect costs, such as labor or damages, arising from the use of our products or parts.
All competition and racing parts are sold “AS IS” without any expressed warranty whatsoever and are non-returnable unless these items are authorized for return 48 hours after delivery and are returned in new, unused and sellable condition (see returns). Implied warranties, including warranties of merchantability or fitness for a particular purpose are excluded. The entire risk as to quality and performance of such parts is with the buyer. Should such parts prove defective following their purchases, the buyer, and not the manufacturer, distributor, or retailer, assumes the entire cost of necessary servicing or repair.
- – Custom or Special Orders
- – Any item that is not in the original packaging.
- – Tools
Once we have received your return, conducted an inspection of the return, and verified that your return meets the above guidelines, a full refund for the parts sales amount will be issued. All applicable sales taxes will be refunded. Shipping charges are non-refundable.
You must notify us prior to returning any items – all unauthorized / un-notified returns will be refused and sent back. Items incorrectly shipped to Prekom-USA will be refused & returned. Items not purchased from Prekom-USA will not be accepted.
If we ship your order to you and it is undeliverable or refused by the recipient, then it will be returned to us for processing. Refused orders are costly in that they need to be picked, packed and shipped. Prekom-USA incurs the costs for shipping both to you and for the return to us. Upon return of your order to us, we will issue credit to you for the returned parts less the outbound and incoming shipping costs and a nominal restocking fee.
If you would like to return an item associated with a core return value, please contact us.
- – Cores must be returned in the packaging or box used in the shipment of the order sent to you.
- – Core return shipping charges are the responsibility of the customer. These are non-refundable.
Received Incorrect Products
If you received a product that is incorrect, please contact our customer service. We will review all inquiries on a case-by-case basis to promptly solve the issue.
Withdrawal from the contract
The Supplier may withdraw from the Contract without a notice period in the following cases:
a) If the Customer initiates and/or enters into bankruptcy, compulsory composition or liquidation or any other winding-up proceedings,
b) If the Customer attempts or transfers the benefit from the business transactions entered into on the basis of these General Terms and Conditions of Sale to a third party;
c) If the Customer’s ability to carry out its obligations under the legal transactions concluded on the basis of these General Terms and Conditions of Sale should be hindered by state, judicial, administrative authorities of the area;
d) If the Customer commits a material breach of any of its obligations of business transactions entered into on the basis of these General Terms and Conditions of Sale;
e) If the Customer changes the place of registration and the latter has an impact on the Supplier’s interest;
f) If the Customer’s ownership structure should change in any way and the latter has an impact on the Supplier’s interest;
g) If the Customer fails to achieve the purpose from the business transactions entered into on the basis of these General Terms and Conditions of Sale. The Supplier shall inform the Customer of its withdrawal in writing.
Email us: firstname.lastname@example.org