Terms Of Use

Terms of Use

Welcome to www.emmanueledesign.com. This website is made available by Emmanuele Design, LLC (“Emmanuele Design”), a California State LLC, with the registered office located at 1100 S Technology Circle Ste B, Anaheim, CA 92805. 

Acceptance of Terms and Conditions of Service

This website Services are provided by Emmanuele Design, LLC (“Emmanuele Design”, “us” or “we”) as a service to the user or visitor to our website (herein referred to as “Users” or "you"). By checking the box stating “I agree with the terms and conditions”, you confirm that you are a User as referred to above, and agree to follow and be bound by the following terms and conditions that we have provided. If you do not agree to them, do not use the site and do not proceed to make any purchases from Emmanuele Design LLC. Your use of the Site constitutes your agreement to all such Terms.

The following Terms govern your access to the site and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” by Emmanuele Design.

Emmanuele Design reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “you”) should visit this page periodically for changes. This Site is continually under improvement and changes in this Site may be made at any time. Any change is effective upon posting to this Site.

Definitions

“Parts” or “Products” means various automobile aftermarket parts manufactured and/or sold by Emmanuele Design. 

“Site” means the domain, and all sub-domains, of emmanueledesign.com.

“User” means any person who makes use of the Site on his or her own behalf, or is authorized to use the site on behalf of a company or organization.

Orders

You can place orders for the Parts and use our services through the Site. This site does not sell products to children. Any person who is not a minor can purchase the products with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, or cancel orders in our sole discretion.

Product Descriptions

As far as possible, we attempt to provide accurate information. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it unused in original condition.

Sale of Exhausts

The California Air Resources Board (ARB) regulates aftermarket parts and has promulgated regulations that essentially place all emissions related aftermarket parts into three categories:

 (1) Replacement Parts

 (2) Executive Order Parts, and

 (3) Competition Use Only Parts

Emmanuele Design sells Parts for competition use only. As per California ARB, Competition Use Only Parts such as exhaust products may not be sold or used on an automobile that is used on or off the public highways other than those automobiles used exclusively for competition. Competition Use Only Parts are aftermarket parts that replace or otherwise interfere with the operation of an emission control device, such as a catalytic converter or oxygen sensor, and may be sold and used on a car that is used only for closed course competition.

Pricing

Prices indicated do not include taxes, shipping charges, duties or license fees. List prices are in U.S. dollars and subject to change without notice. 

Payments
Payment for different Products shall be made while placing the orders. All orders must be paid for by either Credit Card or PayPal using our secure payment gateway. 

Shipping and Delivery

All orders are shipped from our warehouse, with legal title and risk of loss or damage to the goods transferring to purchaser when goods are accepted by the common carrier for shipment. The cost of shipping is based on the place of delivery of various Products ordered. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When we process your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice.

We take one to two days time after receiving the order with related payment to deliver Products which are in  our stock. Orders for out of  stock items  are  fulfilled as  they become available in the order they are received.

Risk of Loss

All items purchased from this 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.

Returns and Refund

If you are not satisfied with your purchase you may return the item within 30 days of receiving it for exchange or a refund. The Item must be in its original packaging and in perfect, unused condition. Authorized returns should be carefully packed to avoid shipping damages. Returns must be from the original purchaser and require proof of purchase – original invoice or sales receipt. Returns outside of the 30 day return period are subject to a 10% restocking fee (up to 90 days from receipt of item).

No refund will be made on special order or custom parts. Custom or clearance items are final sale items and are non returnable. Electrical parts such as ignition, fuel programmers, lighting, speakers or other electrical devices etc are non-returnable, except for products that feature limited warranty from manufacturer. 

All returns must be sent prepaid - no collect shipments will be accepted. If we shipped you the wrong part we will reimburse you for the shipping costs. It’s a good idea to insure the returned part(s) for full value to protect you against loss. Return shipping costs are paid by the customer unless the customer received the wrong part. No air freight returns will be accepted without prior authorization.

We reserve the right to determine whether any Part will not be eligible for exchange, refund or warranty consideration if in our opinion, it shows evidence of being used, installed contrary to manufacturer’s instructions and/or subjected to improper handling, packaging or shipping by the customer. We may also charge a restocking fee or refuse accepting such returns.

All refunds will require up to 10 days to process.

Refused Orders

Properly shipped orders that are refused or returned to Emmanuele Design as undeliverable can be reshipped to customer if additional shipping charges are paid. Otherwise the customer will be liable to pay a twenty percent (20%) restocking fee. 

Claims

All merchandise is inspected and carefully packed before it leaves Emmanuele Design. The carrier is responsible for delivery of merchandise in good condition. Products that are damaged, regardless of the condition or appearance of box, or opened boxes or those lost by the carrier must be noted on the delivery receipt. The local carrier office must also be notified immediately. Shipping errors require notification to us within 72 hours from receipt. If you receive a shipment that shows damage, please refrain from any further action until you contact us. Once a package is opened, it is deemed “received” and is difficult to make an insurance claim on.

Release of Liability

The buyer of any Product from Emmanuele Design releases Emmanuele Design, LLC. from all liabilities as to the use of those products. The buyer recognizes that any alteration or modification to any car may increase the risk of injury or accident and may also render the car illegal for public road use. Always check with your local law enforcement and Department of Motor Vehicles before altering your vehicle in any way.

Performance Parts Policy Disclosure

Modifications performed and/or installed by Emmanuele Design are designed and intended to modify or prepare a vehicle for uses which may exceed conditions anticipated by the vehicle manufacturer. Purchasers of modifications performed and/or installed by Emmanuele Design are warned that any such modifications and/or installations are for “off highway” closed course competitive, and/or show use and carry no warranty of any kind, whether expressed or implied. Furthermore any usage or implications of the above mentioned situations/applications are for the sole purpose of “off-highway” closed course competitive use and should not be used for any other such purpose.

Your vehicle is to be operated at your own risk. Products sold by Emmanuele Design are intended for off-road applications only. Off-road activities are a hazardous sport and could lead to injury, dismemberment, paralysis and death. Emmanuele Design will not be responsible for incidental or consequential damages, property damages, and/or personal injury damages permitted by law.

Errors

Despite our best efforts, some items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. EmmanueleDesign.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Emmanuele Design shall issue a credit to your credit card account in the amount of the incorrect price.

Emmanuele Design regrets any typographical errors that may occur in price or description. We reserve the right to correct errors at the time of purchase. Occasionally, the shipping carrier may impose additional fuel, special handling or remote destination charges that are not calculated by our web site. If there is a variance in the total shipping amount, you will be notified prior to shipping.

Please note that this policy applies only to products sold and shipped by us.

Warranty

Other than what is provided herein, NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by Emmanuele Design. Emmanuele Design manufactured products carry a one (1) year warranty on defects in materials or workmanship. Most parts resold by Emmanuele Design are warranted by the manufacturer, for a specified period of time from the date of purchase unless otherwise specified. Parts used for racing or competition are warranted against manufacturers’ defects only. Many Products may not have any warranty. They are not warranted for wear or breakage under any other circumstance. Generally, there is no warranty on electrical parts. Warranty does not cover labor. Warranty items will be repaired or replaced, depending on the situation and is at the discretion of Emmanuele Design.

No warranty will apply if and to the extent that a defect is caused or worsened by one
or more of the following, namely:

a. Parts that have been altered
b. Non-adherence to instructions concerning the treatment, maintenance and care of the parts, or a failure to have the relevant vehicle serviced in accordance with Emmanuele Design's recommendations or
c. The repair or maintenance of the parts by a person other than Emmanuele Design or a person authorized by Emmanuele Design

All descriptions given by Emmanuele Design as to function are for reference only and are not a guarantee. Emmanuele Design cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. Emmanuele Design shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms.

Emission Laws

Aftermarket parts modifying car emission control systems including but not limited to exhausts, fuel controllers, smog block-off plates, (Racing Parts) are legal for closed-course competition use only. By purchasing such Products from Emmanuele Design, you acknowledge that the Parts are legal only for closed-course competition racing use and You agree not to use such Parts on a licensed street vehicle. Emmanuele Design cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is your responsibility to comply with all applicable laws.

Indemnification

By purchasing the products sold by Emmanuele Design, customer acknowledges and agrees that the purchased products are for racing (closed-course competition use) purposes only and are not intended for street use. Customer acknowledges that Emmanuele Design has no control over the actual use of owner’s car and acknowledges and agrees that Emmanuele Design’s products are legal for closed-course competition use only and will not be used on noise or emission regulated on/off-roads or highways. By using the products of Emmanuele Design, customer relieves and indemnifies Emmanuele Design from any and all non-intended use, related costs and/or liabilities, and assumes any and all risks and liabilities associated with such use and installation.

You agree to defend, indemnify, and hold harmless Emmanuele Design and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Product or site. 

Liability

Emmanuele Design shall not under any circumstances, be liable for any special, incidental or consequential damages which may arise &/or result from modifications sold, performed &/or installed. Emmanuele Design’s liability for losses or damages, arising out of any cause whatsoever, is limited to full refund of the purchase price, or at our option, repair or replacement of part(s). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Disclaimer

User agrees that the use of the Emmanuele Design site is at the User’s own risk. Neither Emmanuele  Design, LLC., nor its affiliates, officers, directors, employees, consultants or agents warrant that its site will be uninterrupted or error-free. Nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability or currency of any information, content, service or merchandise provided.

This site is provided by Emmanuele Design on an “as is” basis. Emmanuele Design makes no representations or warranties of any kind, express or implied, as to the content, materials or products included on the site, or the operation of the site. To the full extent permissible by applicable law, Emmanuele Design expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Emmanuele Design be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including without limitation, loss of use, lost profits or lost data) without regard to the form of any action, including but not limited to, contract, negligence, tort or other legal theory, arising from the use of this site.

International Use

Emmanuele Design makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. 

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Emmanuele Design with respect to this site and use of Products sold by Emmanuele Design through the site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and , that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as Emmanuele Design with respect to this site. If any portion of these Terms of Use is held invalid or unenforceable possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

□ I/We accept the above terms and conditions of Use