Terms / Conditions / Polices
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Disclaimer:
All orders placed with Himni Racing (phone, fax, mail, & e-mail) constitutes the acknowledgement and acceptance of all conditions listed below. All parts shall remain the property of "Himni Racing" until paid for in full. All prices, materials, design, and specifications are subject to change without notice.
All engine modification components, except those that are exempt, have been designed and are intended for off-highway application. These components are legal in Florida for racing vehicles only, which may never be used on public roads and highways. Federal and many state laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to a fine or penalty. Installation of this part(s) may void the warranty coverage, if any, on your vehicle. Vehicles modified by the use of performance parts may no longer be lawfully used on public highways. User assumes all cost and risks associated with these and other items.
Copyright:
The content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HimniRacing.com and or affiliates/ associates. The collective work includes works that are licensed to HimniRacing.com. Copyright 2005, HimniRacing.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with himniracing.com or purchasing himniracing.com products, with approval only. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by himniracing.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.All trademarks, service marks and trade names of himniracing used in the site are trademarks or registered trademarks of himniracing.com
Returns:
Return for exchange or refund will be allowed only with prior approval of Himni Racing / himniracing.com. All authorized return merchandise must be unused and in its original saleable packaging and must must include ALL the items/parts and pieces, etc., originally included with the product(s). No return or exchange on merchandise that shows signs of having been installed, modified, mounted, scratched, broke, missing pieces or defaced will be allowed. All Core Returns must be received by Himni Racing within 30 Calendar days of the invoice date in order to receive a credit or refund. Please write the all your information clearly on the outside of your returning package and tag the item(s) inside with your name, phone # email address, ship to & billing address. Returns must be sent freight prepaid and insured by you. A refund, exchange, or core return will not be considered until all relevant items, hardware, and accessories have been returned to us. Original shipping and handling charges are not refundable. All custom entry fees and duty associated with any return or exchanges will be charged to the customer. A written explanation and a contact telephone number where we may be able to reach you. It is the responsibility of the customer/installer to verify the correctness of size and application of all parts before installation.
Shortage claims must be made within 5 working days of receipt date. All claims for damaged merchandise must be made with the shipping carrier. Please keep all shipping cartons and all packing materials for carrier inspection. Each order is processed and shipped in the order they are received. Himni Racing's order processing and shipping time frames rang between 1-72 business hours after the order is placed, depending on our work load and excludes weekends and holidays. No order shall be put forth as urgent or implemented ahead of any other orders transactions without prior approval & notification put forth by Himni Racing. Himni Racing cannot initiate any claims with the shipping carrier. All approved refunds will be paid by method of purchase. A 25% handling & restocking fee fee will be assessed on all authorized returns, unless prior arrangements are made & authorized by Himni Racing. All special orders (personalized/specially fitted) items must be paid in full at the time of order. All special orders and custom orders will be processed in the most timely and efficient manner possible; however, Himni Racing will not be held responsible for delays above and beyond its control. All special order items will be paid up front and prior to us ordering the item. No cancellations, refunds, or exchanges on special order items or custom order items. Any refused shipments sent back to Himni Racing does not constitute the right to a refund or credit. It is the customer's responsibility to make all arrangements with "Himni Racing" for refused shipments. It is company policy to charge the customer all freight charges associated with the shipment and a 25% restocking fee on all products shipped.
WARRANTY:
No warranty whatsoever will be valid if the defect was caused by customer's abuse, negligence, or mishandling. All merchandise sold by "Himni Racing" is only subject to manufacturer's warranty and conditions, if any, and is subject to submission to the manufacturer for inspection and approval for repair or replacement of merchandise. Customer, however, will be responsible for all shipping and handling fees. It is the customer's responsibility to retain any and all invoices for their record and warranty claims.
Use of Site:
Harassment in any manner or form on the site, including but not limeted to, e-mail, chat, phone or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a himniracing.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Himni Racing/Himni-Racing/himniracing.com products) shall be in the county, state or federal courts located in Highlands Country FL. All financial liability associated with recovery of lost revenue (due to but not limited to, criminal or civil proceedings) associated with consumer misconduct will be the sole burden of the consumer. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Himni Racing/Himni-Racing/himniracing.com products) must be commenced within one (1) year after the claim or cause of action arises. Himni Racing/Himni-Racing/himniracing.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Himni Racing/Himni-Racing/himniracing.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Third-Party Links:
In an attempt to provide increased value to our visitors, himniracing.com may link to sites operated by third parties. However, even if the third party is affiliated with himniracing.com, himniracing.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of himniracing.com. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, himniracing.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Limitation of Liability:
HimniRacing.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if himniracing.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. All related shipping import duty fees & taxes & are the responsibility of the consumer only. Himni Racing is in no way liable for any such costs acquired for importing goods to the delivery destination.
Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by himniracing.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Note:
himniracing.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to himniracing.com.
Participation Disclaimer
himniracing.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, himniracing.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, himniracing.com reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, or obscene, fraudulent, deceptive, or misleading, in violation of a copyright, trademark or, other intellectual property right of another or offensive or otherwise unacceptable to himniracing.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless himniracing.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Typographical & other Errors
In the event that a himniracing.com product is mistakenly listed at an incorrect price, himniracing.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. himniracing.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, himniracing.com shall issue a credit to your credit card account in the amount of the incorrect price.