Terms of service
Last updated June 1, 2024
Welcome to the PIEZAS RUSH website, piezasrush.com (the “Site”). The Site is operated by NC Quality Parts LLC. Throughout the site, the terms “PIEZAS RUSH”, the “Company”, “we”, “us” and “our” refer to NC Quality Parts LLC.
Each person who accesses and/or uses the Site (each a “User”, “Customer”, “you” or “your”) should please read these Terms and Conditions (“Terms of Service”) carefully before using the Site. By accessing or using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service, regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, please do not use the Site.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all uses of the Site and Services (as defined below) immediately once they are posted. Your continued access to and/or use of the Site or the Services provided through the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. The Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Services at any time, without notice.
SECTION 1 - DESCRIPTION OF SERVICES
Subject to the Terms of Service specified herein, PIEZAS RUSH offers Users information regarding our products and allows Users to purchase such products through the Site. The Site also allows Users to establish an account, post reviews (or other user generated content), sign up for product waitlists and/or our newsletter, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with the Company (the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy.
The sale of any of the published products is subject to manufacturer's stock verification.
SECTION 2 - PERSONAL INFORMATION AND USER ACCOUNTS
Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”). Your submission of personal information to us is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Service. By using the Site and the Services, you also agree to our Privacy Policy.
By providing Customer Data, including as part of the account creation process, you agree: (i) to these Terms of Service and our Privacy Policy; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you properly exit from your account at the end of each session and to immediately notify the Company of any unauthorized use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur under any customer account you create or that is otherwise created for your use.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. To ensure the security of your transaction and protect against fraud, we request your assistance in verifying your credit card information by providing us with a copy of a valid ID that matches the name on the credit card for orders above $499.
Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
SECTION 3 - LOYALTY PROGRAM MEMBERSHIP
The Loyalty Program membership (Program) is available to individuals, or corporations who meet the eligibility criteria, and who maintain a valid email address. The Program is exclusively available for technicians in Puerto Rico who are offering appliance repair services. By becoming a Program member, a “Partner”, you agree that you have read, understood and agree to be bound by these Terms and of Service.
The registration process requires you to provide accurate and complete information about yourself and your business, including your name, contact information, and business details. After sign-up on our partner page, we will contact you to evaluate Membership Eligibility. We have the discretion to deny sign up if we believe that you are not working in the appliance industry.
Once enrolled in the Program, you are able to reach Program tiers by making eligible purchases. Once you reach a certain tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time in our discretion, and may be offered on a limited basis. The type, timing and availability of any reward will be determined by PIEZAS RUSH in its sole discretion. Eligible purchases, actions and other opportunities to reach Program tiers are subject to change from time to time in our discretion. Program benefits are made available by us in our sole discretion. We reserve the right to change Program benefits, how you reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities.
Partners enjoy exclusive benefits for technicians. The Promo "Save 10% or 15% On Your Volume Parts Purchase" is exclusive to technicians who buy in volume.
Partners do not have access to home appliances that are available on our website. When you wish to purchase home appliances, you can log in using a different account (non-partner) to obtain the products and services we offer on our Site.
SECTION 4 - PRODUCT INFORMATION AND RETURNS
Products available through the Site are subject to our Refund Policy.
We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors without explicit approval; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
While we try to maintain the accuracy of the Site, we are not responsible if Content on the Site is not accurate, complete or current. However, items may occasionally be mispriced, described inaccurately or unavailable. Certain Appliance model numbers, alternative part numbers, weights, measures and similar description are approximate and are provided for reference purposes only. Technical specifications and descriptions are subject to change without notice. Photos are for illustrative purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service.
FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION ON THE SITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.
Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all of the information on the Site has been modified or updated.
SECTION 5 - SHIPPING INFORMATION
Shipping is coordinated by PIEZAS RUSH, with an authorized carrier with no exceptions. No deliveries will be made until funds are reflected and confirmed in our account. Please note that all products are subject to our Shipping Policy, which provides detailed information on processing times, when we ship your order, special order shipments, and any shipping limitations.
SECTION 6 - SUBSCRIPTIONS
We are committed to providing a seamless subscription experience. You can manage your subscription, including upgrading or downgrading your plan, through your account settings on our website. Please note that all subscriptions are subject to our Subscription Policy, which provides detailed information regarding billing, payment and cancelations.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, 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 of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Home Appliance Manufacturer's Warranty Policy
We are pleased to inform you that all our home appliances come with a standard 1-year warranty on parts and service. However, it is important to note that this warranty is not provided by PIEZAS RUSH under any circumstances. The warranty is directly from the manufacturer of the products.
The original purchase invoice is required to process any claims. No warranty is transferable and applies only to the original buyer.
The manufacturer's warranty begins from the moment the equipment is delivered to your home. This means that your product is covered by the manufacturer from the moment you receive it, ensuring that any manufacturing defects or performance issues are covered during the first year.
Here are some key aspects of the manufacturer's warranty:
- Warranty Duration: The warranty lasts for 1 year from the delivery date.
- Coverage: The warranty covers parts and service related to manufacturing defects or operational issues. If you experience any issues during this period, please feel free to contact the manufacturer's customer service. The warranty does not apply to appliances whose model number has been altered, damaged, or is missing.
- Claims Process: In case of malfunction of covered products within the factory warranty period, it is necessary to follow the manufacturer's established process. You can request repair service by calling the Technical Service phone numbers:
- Frigidaire (Electrolux Puerto Rico) – (787) 706-5200
- General Electric – (787) 757-2400
- Whirlpool – (787) 999-7400
Please note that the warranty does not cover damages caused by misuse, improper maintenance, or unauthorized repairs. We strongly recommend that you follow the product's usage and maintenance instructions outlined in the user manual.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and our parent, 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 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
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.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at parts@piezasrush.com.
SECTION 17 - CONSENT TO RECEIVE SMS MESSAGES
You agree that PIEZAS RUSH may send you informational text messages, as part of the normal business operation of your use of the Services. You also agree to receive text messages from PIEZAS RUSH regarding new products available and special promotions.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
PIEZAS RUSH will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details). Message frequency will vary. PIEZAS RUSH reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. PIEZAS RUSH, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
If at any time you determine you no longer want to receive text messages from PIEZAS RUSH, you may opt-out of receiving such messages by emailing parts@piezasrush.com with your request or responding to the text message with STOP or UNSUBSCRIBE to be removed. You acknowledge that opting out of receiving text messages may impact your use of the Services. After texting STOP or UNSUBSCRIBE, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP or UNSUBSCRIBE keyword commands and agree that PIEZAS RUSH and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from PIEZAS RUSH through any other programs you have joined until you separately unsubscribe from those programs.
SECTION 18 - GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Puerto Rico. Any and all complaints, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the complaint, dispute, demand, count, claim, or cause of action) arising out of or in any way related to these Terms of Service) (a “Dispute”) between you and the Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration, unless earlier resolved in accordance with below pre-arbitration dispute resolution.
Pre-Arbitration Dispute Resolution – In the event of any Dispute arising between you and the Company, one party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). Company’s email address for Notice is parts@piezasrush.com. The Notice must describe the nature and basis of the Dispute, and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute. The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree. In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.
Arbitration – If the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth in the Pre-Arbitration Dispute Resolution Section, then you and Company agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions - Notwithstanding, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file suit on an individual basis in small claims court for applicable claims.
Arbitration Process - Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in San Juan, Puerto Rico or by video conference (at the claimant’s election), and will be governed by the Office of the Department of Consumer Affairs (DACO) Comprehensive Dispute Resolution Rules and Procedures (the “DACO Rules”), as may be modified by these Terms of Service. The DACO Rules and filing forms are available online at www.daco.pr.gov, by calling DACO at (787) 722-7555.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In addition, the Federal Arbitration Act also applies to Puerto Rico as a US commonwealth. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
In the event that any Dispute is held not to be arbitrable, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in San Juan, Puerto Rico.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms of Service and perform your obligations hereunder, and nothing contained in this Terms of Service or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Service will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Site shall be subject to this Terms of Service unless explicitly stated otherwise in writing. We reserve the right to change this Terms of Service from time to time. Any updates to this Terms of Service shall be communicated to you. You acknowledge your responsibility to review this Terms of Service from time to time and to be aware of any such changes. By continuing to participate in using the Site after any such changes, you accept this Terms of Service, as modified.