SECTION 1 - GENERAL 

(1) The company High Society Modifications Inc. operates a wholesale business supplying high-end, luxury, vehicle tuning and modification parts from different countries. Orders from consumers and businesses are subject to these terms and conditions, unless the parties have agreed otherwise in writing.  

(2) Amendments to these Terms and Conditions will be published in writing and communicated via mail or email. If amendments are not challenged within four weeks after receipt of the notice, the amendments shall be considered as approved.  

SECTION 2 - PRIVACY 

(1) The privacy of our customers is important to us. All personal data provided (title, name, address, date of birth, e-mail address, telephone number etc) will be only collected, processed and stored in accordance with the provisions of Canadian data protection law.  

(2) The personal data, necessary for the establishment or modification of the contractual relationship, are exclusively used by us for the processing and completion of orders. These data will only be used for fulfillment of our contractual obligations and no other use of this data shall occur.  

SECTION 3 - CONCLUSION OF CONTRACT 

(1) The informal verbal or written quote and overview provided in response to an initial inquiry does not form a binding offer or contract. Rather is it only provided for the consumer’s consideration. A binding contract is formed when a written invoice detailing all requested products is dispatched and accepted by the customer.  

SECTION 4 - TAXES AND DUTIES 

(1) Pricing and offers sent by High Society Modifications Inc. are valid for a maximum of 7 days from the invoice date. 

(2) The prices quoted in our invoices are inclusive of local taxes only. If and when the customer is a resident of a country other than Canada, they accept and bear all responsibility for ensuring the relevant import taxes and duties are paid in accordance and to the satisfaction of local laws. We have no influence on these costs and bear no responsibility fulfilling these payments.  

(3) The associated shipping costs, unless supplied free of charge, are detailed on the written invoice and accepted by the customer at the time of payment. Unless specified prior to the payment and subsequent acceptance of the invoice, the customer shall bear full responsibility for the shipping costs detailed on the invoice.  

(4) The purchase amount is payable immediately upon receipt of the sales contract from us.  

SECTION 5 - PAYMENT 

Payment via Shop Pay and other authorized payment methods through the website.

Customers may opt to pay via the web portal on highsocietymods.com when completing an online order.

Payment by bank transfer Bank Transfer | Prepayment 

We will send you our bank details with the order confirmation and send out the goods after receipt of your payment. At this time, we only accept payment in the form of Canadian currency. 

Payment by Credit Cards 

We will send out a payment link with your invoice. This link will bring you to a secured online payment gateway and your goods will be dispatched immediately after receipt of your payment.  

SECTION 6 - RETENTION OF TITLE AND RIGHT OF CANCELLATION FOR NON- PAYMENT 

(1) We reserve title to all goods supplied by us until full payment has been received. We are entitled to demand the immediate return of the goods, unless there are legally established or undisputed counterclaims. While under title to us, the customer is to handle the reserved goods with care and immediately inform us if a third party wants access or if damages have occurred.  

(2) If the customer delays payment for more than 10 days in arrears, we are entitled to cancel the contract and claim back the goods.  

(3) In the event that the customer is a business customer, he is entitled to sell the reserved goods in the ordinary course of business. In this case the customer transfers the rights of the amount of the invoice value to us, whether this occurs before or after any processing of the goods delivered under retention of title. The right of the customer to collect the debt from his customers remains untouched. In this context we undertake not to collect the claimed amount as long as the customer meets his payment obligations, no request is made for insolvency or the process of obtaining the debt payment is not stopped. Insofar as the above securities exceed the secured claims by more than 10%, we are obliged to release the securities of our choice, at your request.   

SECTION 7 - DELIVERY, SHIPPING, TRANSFER OF RISK AND ACCEPTANCE OF GOODS 

(1) If products are not explicitly communicated as "ready for immediate dispatch" or confirmed as ‘in stock’, the delivery time for these products can range from 2-4 weeks if our supplier is local or 4-8 weeks if they are located outside of Canada. We will make every effort to notify and keep customers up to date regarding the anticipated delivery times.  

(2) We ship out goods in accordance with the agreements confirmed with our customer. If shipping charges occur, these would be indicated on the official invoice.  

(3) If we do not deliver the goods on time according to contract, the customer must contact us with a new delivery period and deadline to fulfill the contract within 5 days of the original delivery date. Otherwise, the customer forfeits their right to withdraw from the contract on a delayed shipping basis.  

(4) All shipments are handled by one of our logistic partners (CANADA POST, UPS, FEDEX, DHL) or other courier services. The customer will be informed of the selected shipping method before the order is dispatched. Once the orders have been dispatched, the customer will be notified immediately via email.  

(5) High Society Modifications Inc. reserves the right to make a partial delivery if this is advantageous for a speedy settlement and the partial delivery is not unreasonably inconvenient for the customer.   

(6) In the event that the customer is an end-consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer, as soon as the goods are handed over.   

(7) In the event that the customer is an entrepreneur/business, the risk of accidental loss, accidental deterioration of the goods and the risk of delay passes onto the customer with the delivery/handover of the goods to the forwarding agent, courier or appointed freight forwarder.  

(8) The customer is asked to examine the goods immediately upon receipt for shipping damage and notify us immediately if damage in transit is noted. If you notice that goods or boxes are damaged on delivery, we ask for the following: if possible, advise the delivery person of the damage and let them note down the damage on delivery papers and request a copy for yourself. Please document the damage with pictures if possible. Without such proof it is not possible for us to claim any settlement against the transport company. You can also refuse to accept the damaged goods or arrange a collection date with our customer service. Please note that if the customer is a consumer, there is no legal obligation to examine the goods, but doing so will greatly assist us in our settlement talks with the carrier. 

SECTION 8 - RETURN POLICY 

(1) High Society Modifications Inc. reserves the right to refuse unauthorized returns. Parts that have been mounted to the car or used in any other way are not returnable. Special order (non-stocked) items are not returnable. These are custom-built products especially for you, manufactured and ordered on your behalf, specifically for your vehicle and cannot be sold again to another consumer.  

(2) We are not required to provide a refund or replacement if you change your mind or decide you no longer have a use for the ordered product(s). Should we decide to issue a refund on these grounds, it will be at our discretion.  

(3) Unless defective upon acceptance, a restocking fee of 20% of the initial value will apply should we choose to issue a refund.  

(4) In general, High Society Modifications Inc. does not refund any shipping charges.   

(5) If there is a minor problem or defect with a product, we reserve the right to opt to provide a free repair in place of a full or partial refund. If a major problem or defect is found, the customer is entitled to request, at their discretion, either a replacement or refund. In the case of the former, the customer must accept a free repair or forgo all and any compensation.  

SECTION 9 - WARRANTY 

Warranty for consumers   

(1) If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance, withdrawl from the contract or a reduction of the purchase price.   

(2) The limitation period of warranty claims for the goods provided is two years from receipt of the goods.   

Warranty for entrepreneurs / business customers   

(1) If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance in the form of repair of the defect or delivering a defect-free item. We reserve the right to choose between the two. In the case that both the aforementioned remedies fails to produce a defect-free product, the customer is entitled to a reduction of the product price or a withdrawal from the contract.  

(2) The limitation period of warranty claims for goods delivered is - except in the case of compensation claims - twelve months from receipt of goods.   

SECTION 10 - LIMITATIONS OF LIABILITY 

(1) The customer expressly agrees that their use of, or inability to use, the products is at their sole risk. The products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use. In no case shall High Society Modifications Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or misuse of the products purchased through High Society Modifications Inc.. 

(2) Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.  

(3) We are liable for the negligent breach of duties whose fulfillment enables the execution of the contract, the breach of which endangers the purpose of the contract and on whose compliance the customer regularly relies on. In the latter case, however, we are only liable for the foreseeable, typical damage. We are not liable for the negligent breach of others, as those mentioned in the preceding sentences and obligations.   

SECTION 11 - NOTE FOR CONSUMERS 

(1) Upon payment submission, the customer warrants that they understand that modifying their car bears certain risks including engine failure and understands and agrees to hold High Society Modifications Inc. free of liability from installation and use of such tuning products. The installation of the products sold must be professionally installed, best by a specialist workshop. 

(2) Unless explicitly indicated, the offered items and parts are often replicas or custom-formed parts, produced by High Society Modifications Inc.’s suppliers abroad and may not comply with the Highway Traffic Act or other relevant legislations. These parts are for off-road or race use only. High Society Modifications Inc. explicitly points out that the installation of purchased items can violate the roadworthiness of a vehicle if mounted and used on public roads. We herein release ourselves of all responsibilities and liabilities stemming from noncompliance with local laws and regulations pertaining (but not limited) to the modification of vehicles or the permissibility of said vehicles on public roads. It is the sole responsibility of the buyer to seek necessary licensing and approval to keep the car road safe. The consumer bears all responsibility for verifying and complying with local legal regulations if the part purchased requires registration and certification for use on public roads.  

(3) All stated performance figures for power upgrades and modules are approximate values only. They depend on vehicle-specific details such as vehicle type, power from factory, equipment level, curb weight, final drive ratio, tire/wheel combinations, transmission version and aerodynamic enhancements. Figures about performance increases and/or performance kits are to be understood as average values. Test dependent divergences of +/- 8% are possible.  All performance upgrades and special modifications listed in this invoice are specifically designed and installed for race track or off-road use only. All installations are at the customer's own risk. Customer is responsible for having a road-worthy car at all times. High Society Modifications Inc. holds no responsibility–either implied or otherwise–for mechanical, electrical or other failure when using aftermarket performance products.   

SECTION 12 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless High Society Modifications Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  

SECTION 13 - ENTIRE AGREEMENT 

(1) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  

(2) These Terms and Conditions of Service constitute the entire agreement and understanding between the customer and High Society Modifications Inc.. This document supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between High Society Modifications Inc. and its customers (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 14 - TERMINATION   

(1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  

(2) These Terms and Conditions of Service are effective unless and until terminated by mutual agreement communicated via written and signed documentation.  

SECTION 15 - CHANGES TO TERMS OF SERVICE  

Changes or additions to these Terms and Conditions must be in writing. This also applies to the waiver of the written form requirement.  

SECTION 16 - GOVERNING LAW  

These Terms of Service and any separate agreements whereby we provide services shall be governed by and construed in accordance with the local, provincial and federal laws of High Society Modification Inc.'s headquarters (located at Unit 183, 7181 Yonge Street, Thornhill, ON, L3T 0C7, Canada).  

This document was last updated on January 1st, 2023.