Last Updated: November 27, 2023

BB WHEELS TERMS AND CONDITIONS

These Terms and Conditions (these “Terms”) are a legal contract between You and BB Wheels, LLC, a Minnesota limited liability company (“BB Wheels”, “we” or “us”). These Terms govern your access to and use of www.bbwheelsonline.com (the “Website”), services offered on or through the Website, and any purchases of goods (“Goods”) offered by BB Wheels through the Website, or via telephone (together, the “Store”), whether as a guest or a registered user.

Please read these Terms carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.bbwheelsonline.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or to the Privacy Policy, please do not access or use the Website.

If you are under 18, you may only use the Website or make purchases through the Store through a parent or legal guardian. Additional terms may apply to your purchase of Goods from the Store, as noted at the time of purchase.

By using the Website, purchasing Goods, or by indicating your agreement to these Terms when the option is made available to you, you agree to be bound by these Terms.

1. Accounts and Security

To access the Website or use certain features, you may be asked to provide certain registration details and personal information. In order to use the Website, all information you provide must be correct, current, and complete. Please note that any and all information you provide to us is governed by our Privacy Policy. By agreeing to these Terms, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your username, password, and any other piece of information that is part of our security procedures is confidential. You must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. BB Wheels will not be liable for any losses incurred as a result of an unauthorized use of a password or account.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if we determine you have violated these Terms.

2. Intellectual Property Rights and User Contributions

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 Website, except as required to use the Website.

The Website may contain interactive features that allow you to post, submit, publish, display, or transmit to other users (collectively “Post”) content or materials, including reviews (collectively, “User Contributions”) via the Website. You understand and acknowledge that you are responsible for any User Contributions you provide, and you, not BB Wheels, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. BB Wheels does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material. BB Wheels assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By Posting any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above and that all your User Contributions will comply with these Terms.

User Contributions must comply with all applicable laws and regulations and must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

3. Notices and Procedure for Making Claims of Copyright Infringement

BB Wheels respects the intellectual property of others and requires that users and visitors to the Website do the same. BB Wheels will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

Notifications of claimed copyright infringement should be sent to BB Wheels’ designated copyright agent. If you believe in good faith that content on the Website infringes your rights under U.S. copyright law, you (or your agent) may send BB Wheels a written notice by mail or email requesting that BB Wheels remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to BB Wheels a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.

To submit a notice of copyright infringement, please provide BB Wheels the following information. Please be advised that to be effective, your notice must include all of the following:

• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address and all other information reasonably sufficient to permit BB Wheels to contact you;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BB WHEELS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

4. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5. Pricing and Availability

The Store will show the then current price for Goods at the time of purchase. If applicable, the terms and conditions of a special promotional offer will be provided with such offer. Pricing and availability may change without notice.

BB Wheels’ acknowledgement of your order does not mean that your order has been accepted, that the Goods have been shipped, or that the price or availability of any item has been confirmed. BB Wheels endeavors to accurately display product pricing and availability on the Store. However, in certain instances, an item on the Store may be mispriced, may be unavailable, or may contain an inaccurate description. We may experience delays in updating such information, and thus, we do not guarantee the accuracy or completeness of information on the Store, and reserve the right to update information to correct these inaccuracies at any time without notice. If we determine there were any inaccuracies in information related to your order, we may attempt to contact you to remedy the error or cancel the order.

6. Ordering and Payment

We accept payment through various payment processing methods. You shall abide by relevant terms and conditions, whether with BB Wheels or a third-party provider, which apply to your use of a payment processing method. BB Wheels may add, remove or change payment processing methods at any time without notice.

You represent that you are authorized to use the form of payment that you provide to BB Wheels and that any payment information you provide is complete and accurate. When you make an order, you authorize BB Wheels to charge the form of payment you indicate in the total amount of your order (including applicable taxes). Applicable taxes will be applied at the time of purchase and calculated based on your provided shipping address.

7. Returns

At BB Wheels, we try hard to get you the correct items, every time. If you are not satisfied with your purchase of products from the Store, you may return them to us in accordance with our Return Policy. The Return Policy is incorporated into these Terms in its entirety.

8. Delivery

The goods will be delivered within a reasonable time after our acceptance of your order. Using standard methods for packaging and shipping goods, BB Wheels will have the goods delivered to the shipping address you designated at the time of purchase, so long as such address is complete and complies with the Store’s restrictions. BB Wheels and its distributors may, in their sole discretion, without liability or penalty, make partial shipments of goods to you as part of the fulfillment process.

The quantity of any installment of goods as recorded when the goods are transferred to the shipping carrier is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. BB Wheels shall not be liable for an incomplete shipment of goods (even if caused by BB Wheels’ negligence) unless you give written notice to BB Wheels of the incomplete shipment within 72 hours of the date when the incomplete shipment was marked as delivered. Any liability of BB Wheels for an incomplete shipment shall be limited to supplementing the incomplete shipment within a reasonable time or adjusting the invoice for such goods to reflect the actual quantity delivered.

9. Risk of Loss and Choice of Shipping

The point at which the risk of loss transfers for your purchases from the Store will depend on the type of shipping you choose at checkout.

If you select standard shipping, the risk of loss transfers to you when the goods are transferred to the shipping carrier. That means BB Wheels is not liable for goods that are lost or damaged in transit, or goods that are delivered by the carrier but stolen from the delivery location.

If you select guaranteed delivery, BB Wheels assumes the risk of loss for the goods while in transit, and the risk of loss does not transfer to you until the goods are received by you at the shipping address you provided. In other words, when you select guaranteed delivery, BB Wheels is responsible for goods that are Lost or Damaged in transit, as well as goods delivered by the carrier but Stolen from the delivery location*. In the event of loss or damage, you can report a delivery failure online at Reporting Form: Guaranteed Delivery (bbwheelsonline.com). Once BB Wheels receives a delivery failure report and all necessary evidence, cases can often be processed in as little as 2-3 business days. After a case is processed, and if a case is approved, BB Wheels will require additional time for fulfillment purposes. Refer to the below explanations about what qualifies as Lost, Damaged, and Stolen, as well as reporting windows and deadlines.

*All stolen item cases are thoroughly investigated to rule out fraudulent activity. If evidence of fraudulent activity is detected, the case will be denied and permanently closed at BB Wheels’ discretion.

What qualifies as Lost? Lost means the shipping carrier has marked the package as stuck in transit or the package has not been scanned by the shipping carrier for 7 or more days. You can report a delivery failure for a Lost package no earlier than 7 days and no later than 30 days from the last package scan by the shipping carrier.

What qualifies as Damaged? Damaged means a product sustained scuffs, scratches, cuts, dents, or bulges due to the shipping process. Qualifying wheel Damage is any sustained damage that makes the wheel structurally unusable, prevents a tire from being properly mounted, or negatively impacts the aesthetic appearance of the front face or lip of the wheel; aesthetic damage to the barrel or rear face of a wheel does not qualify. Qualifying tire Damage is any sustained damage that makes the tire structurally unusable. Qualifying accessory Damage is any sustained damage that makes the accessory structurally unusable. You are required to provide photographic evidence of the damage for your damage case to be processed. Shipping damage must be reported and a resolution reached before mounting / installing product. Installing product before a resolution is reached voids the possibility of your guaranteed delivery case being approved. Approved damage cases may require you to ship the product(s) back to BB Wheels at no expense to you; a member of our guaranteed delivery team will provide pre-paid shipping labels to you and will schedule a pickup with a shipping carrier. You can report a delivery failure for a Damaged package immediately upon the package(s) being marked delivered by the shipping carrier and no later than 15 days from the delivery date.

What qualifies as Stolen? Stolen means the shipping carrier has marked the package(s) as delivered, there is proof of delivery to the correct address noted on the original order invoice, but the package(s) are missing. You are required to file a police report for missing package(s) over $100 USD in value, and are required to provide us with a complete copy of the police report as well as the police report number and police department name. For a police report to be considered valid, all pertinent information must be visible (i.e., full name, dates, shipping address, etc.). You can report a delivery failure for a Stolen package immediately upon the package(s) being marked delivered by the shipping carrier and no later than 15 days from the delivery date.

Case Cooperation: To process cases as quickly and accurately as possible, we require timely cooperation and communication from you. As such, cases are subject to close after 14-days of no communication from you or if there has been a lack of receiving necessary requested evidence (i.e., damage photos, police report, etc.). For your convenience, a reminder email will be sent to you if seven (7) days go by with no response from you. The reminder email will come from [email protected]. If a response is not received within an additional seven (7) days – 14-days total - your guaranteed delivery case will be closed. Cases that are closed due to lack of cooperation / communication will be denied, and at BB Wheels’ discretion may remain permanently closed.

Delivery Failure Fulfillment: Approved cases may be fulfilled through a variety of means, at BB Wheels’ sole discretion, including: monetary refunds up to the full product value at the time of purchase issued to the original form of payment; in-store credit; or replacement of the product(s). The replacement of the product shall cover price increases and shipping costs. A member of our in-house guaranteed delivery team will communicate with you to determine the resolution for your case.

Existing Damage Exclusion: Products purchased as open box or buy back are excluded from the provisions of cosmetic damage as referenced above under Guaranteed Delivery. Approved cases of open box or buy back products that end up lost in transit or stolen after delivery are not eligible for replacement.

Refunds on guaranteed delivery: The cost of guaranteed delivery is non-refundable if one or more of the product(s) in your order have been delivered and/or if you have reported a delivery failure.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that digital content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BB WHEELS NOR ANY PERSON ASSOCIATED WITH BB WHEELS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BB WHEELS NOR ANYONE ASSOCIATED WITH BB WHEELS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BB WHEELS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

IN NO EVENT SHALL BB WHEELS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to defend, indemnify, and hold harmless BB Wheels, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

13. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota , in each case located in the City of Minneapolis and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Additional Terms

The other terms and policies posted on the Website, including the Privacy Policy (the “Additional Terms”) govern your use of the Website and are incorporated by reference into, and made a part of these Terms. These Terms constitute the entire agreement between you and BB Wheels relating to the subject matter addressed herein.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Store thereafter.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to revoke access to, withdraw, or amend the Website or any services, materials or goods provided on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.