Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and The Auto Rack ("The Auto Rack", "we", "us"), operator of theautorack.com. They apply every time you browse the site, create an order, submit a review, or contact us.

By placing an order or using the site you accept these Terms. If you do not accept them, please do not use the site.

You must be at least the age of majority in your province or territory, and able to enter a binding contract, to place an order.

There are no customer accounts on this site. Every order is a guest checkout, so there is no password to protect and nothing to log into. Your order number and the email address you used are what identify an order afterwards, on the Track Order page and on the Returns page. Keep your confirmation email, because without those two pieces of information we cannot connect you to your order.

2. Orders, acceptance and cancellation

Your order is an offer to buy. A confirmation email acknowledges we received it — it is not acceptance. The contract forms only when we dispatch the items, and we may decline or cancel any order before that point.

We may cancel or limit an order for reasons including:

• the item is out of stock, discontinued, or the supplier cannot fulfil it
• a pricing, description, image or availability error (see section 3)
• we cannot verify the billing or shipping details, or the payment is declined or flagged
• quantities suggest resale rather than personal use, or the order breaches these Terms
• we reasonably suspect fraud or unlawful activity

3. Pricing and errors

All prices are shown in Canadian dollars (CAD) and exclude taxes and shipping unless stated.

The tax shown in the cart and on our checkout page is an estimate, calculated at a single default rate so you can see a realistic total before you commit. The amount you are actually charged is computed by Stripe from the shipping address you enter on its payment page, using the federal and provincial rates that apply there, and it is the figure on the Stripe page and on your receipt that governs. It can differ from our estimate, upward or downward. Nothing is charged until you confirm the payment on that page.

Prices, promotions and availability can change at any time before you order. We work hard to keep listings accurate, but the site may contain typographical errors, inaccurate pricing, wrong specifications or outdated availability.

Where an item is listed at an incorrect price or with materially incorrect information, we may cancel the order even after confirmation, and will refund you in full. We are not obliged to sell at an incorrect price.

4. Payment

Payments are processed by Stripe. We never receive or store your full card number. By submitting payment details you confirm you are authorized to use the payment method.

You authorize us (through Stripe) to charge the total shown at checkout, including taxes and any shipping charge.

5. Shipping, title and risk

The whole order ships free on any 4 or more tires and/or wheels, or on any order reaching $500 after discount. Parts and accessories reaching $150 ship free on their own, but that does not clear a tire or wheel charge in the same order. Otherwise tires and wheels are charged per unit and parts once per order, and you pay the higher of the two rather than both. The current rates are in our Shipping Policy. In-stock items are dispatched within 1–2 business days.

Our checkout accepts shipping addresses in Canada and the United States. For any destination outside Canada you are the importer of record and are responsible for duties, taxes, brokerage and customs charges, and for confirming the product is legal to import and use where you are.

Delivery dates and transit estimates are estimates only and are not guaranteed. We are not liable for carrier delays, weather, strikes, customs, or other events outside our reasonable control.

Title and risk of loss pass to you when the carrier delivers the shipment to the address you provided. You are responsible for giving a complete, accurate and deliverable address. Full detail is in our Shipping Policy.

6. Fitment information

When we describe a listing as "fitment checked", we mean its published specifications have been reviewed against the supplier data we hold. It is a quality check on the listing, not a guarantee that the product fits your particular vehicle, and it is not a representation about anything beyond those specifications.

Vehicle configurations vary by trim, factory options, brake package, suspension setup and previous modifications, and our fitment search cannot see any of that. We are glad to help you narrow it down, but the search is a guide.

Final responsibility for confirming that a product fits and is safe and legal for your specific vehicle and intended use rests with you and your installer. Please read our Product Safety & Fitment Disclaimer, which forms part of these Terms.

If we recommended a fitment in writing and it turns out to be wrong, contact us and we will make it right.

7. Returns and refunds

Unused items in original, undamaged packaging may be returned within 30 days of delivery, subject to a 20% restocking fee. Mounted, installed or driven-on tires and wheels cannot be returned unless defective.

Defective or incorrectly shipped items are made right at our cost. Our full Returns & Refunds Policy sets out the process, exclusions and timelines, and forms part of these Terms.

8. Warranties and disclaimer

Products carry the manufacturer’s warranty, where one is offered. We pass those warranties through to you and will help you make a claim; we do not provide a separate warranty of our own. See our Warranty Policy.

Except for the manufacturer warranty and any rights you have under applicable consumer protection legislation which cannot lawfully be excluded, the site and products are provided "as is" and "as available". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability and non-infringement.

We do not warrant that the site will be uninterrupted, error-free or secure, or that listings, descriptions or availability are complete and current.

Nothing in these Terms limits rights you have under laws that cannot be contracted out of. In particular, the Consumer Protection Act, 2002 (Ontario) applies the implied conditions and warranties of the Sale of Goods Act to consumer transactions and makes any attempt to exclude them void, and section 7 of that Act makes any waiver of a consumer right void. The Competition Act, the Sale of Goods Act and the consumer protection legislation of your own province apply on the same footing. Where a disclaimer in this section conflicts with any of them, the legislation prevails and the rest of these Terms continues to apply.

9. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to an order, a product, or your use of the site is limited to the amount you actually paid for the order giving rise to the claim.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for loss of profits, revenue, data, vehicle use, towing, storage, rental or substitute transportation, installation or removal labour, downtime, or damage to a vehicle or other property, however caused and under any theory of liability.

These limits apply even if a remedy fails of its essential purpose, and they do not apply to liability that cannot be excluded or limited by law — including liability for death or personal injury caused by our negligence, or for fraud.

10. Indemnity

You agree to indemnify and hold harmless The Auto Rack, its owners, employees and suppliers from claims, damages, losses and reasonable legal costs arising from your breach of these Terms, your misuse of a product, installation or use of a product contrary to manufacturer instructions or applicable law, or content you submit to the site.

11. Promotions and discount codes

Discount codes cannot be combined unless expressly stated, have no cash value, are non-transferable, apply only to eligible items, and may be modified or withdrawn at any time. Codes obtained through fraud, automated means or unauthorized distribution are void.

Promotional pricing does not apply retroactively to completed orders.

12. Reviews and content you submit

Reviews, questions and other content you submit must be your own honest experience. Do not submit anything unlawful, misleading, defamatory, infringing, or containing personal information about others.

By submitting content you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt and display it in connection with the site and our marketing. You confirm you have the right to grant this licence.

Every review is held for moderation and is published only after we have checked it. Approval is not an endorsement of the opinion expressed, and we do not reword reviews to make them more favourable or suppress a review because it is critical.

We may edit, refuse or remove content at our discretion, and may remove reviews we cannot verify relate to a genuine purchase.

13. Acceptable use

You agree not to:

• use the site for any unlawful purpose or in breach of these Terms
• scrape, harvest, mirror or systematically extract site content or pricing without our written consent
• introduce malware, attempt to gain unauthorized access, probe or test the security of the site, or interfere with its operation
• use automated tools to place orders, claim promotions, or create accounts
• resell products as an unauthorized dealer or misrepresent your relationship with us

14. Intellectual property

The The Auto Rack name, logo, site design, photography, product copy and other site content are owned by us or our licensors and are protected by copyright and trade-mark law. Manufacturer names, brands and logos are the property of their respective owners and are used to identify products only.

You may not copy, reproduce, republish or use our content commercially without written permission.

If you believe content on the site infringes your copyright or trade-mark, email contact@theautorack.com with a description of the work, the URL where it appears, your contact details, and a statement of your good-faith belief that the use is unauthorized. We will investigate and remove infringing material where appropriate.

15. Third-party links and services

The site links to and relies on third-party services (for example payment processing, email delivery, hosting and carriers). We are not responsible for the content, policies or practices of third parties, and linking does not imply endorsement.

16. Electronic communications

By providing your email address you consent to receive order, shipping and service messages electronically. Marketing email is sent only where permitted under Canada’s Anti-Spam Legislation, and every commercial message includes an unsubscribe link.

17. Privacy

Our Privacy Policy explains what personal information we collect and how we handle it, and forms part of these Terms.

18. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, severe weather, epidemics, war, civil unrest, labour disputes, carrier or supplier failure, utility or network outages, or government action.

19. Changes to these Terms

We may update these Terms from time to time. The version in effect when you place an order governs that order. Continued use of the site after an update means you accept the revised Terms. The "last updated" date above shows the current version.

20. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules.

You and we agree to the exclusive jurisdiction of the courts of Ontario for any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction, and except where applicable consumer protection law gives you the right to bring a claim where you live.

Before starting a formal claim, please contact us at contact@theautorack.com with your order number and what you would like us to do about it. We will respond in writing within 15 business days. Most problems are sorted out this way, and a written exchange gives both of us a record if it is not.

If that does not resolve it, we are willing to take part in mediation or another form of alternative dispute resolution before either of us goes to court, where you propose it and the cost is proportionate to the amount in dispute. Nothing in this section prevents you from taking a claim to Small Claims Court, or from complaining to a consumer protection regulator, and there is no arbitration clause and no class-action waiver in these Terms.

21. General

If any provision of these Terms is found unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our consent; we may assign them in connection with a sale or reorganization of the business.

These Terms, together with the policies referenced in them, form the entire agreement between you and us regarding the site and your orders.

22. Contact

The Auto Rack, 214 Toronto Ave, Oshawa, ON L1H 3C1. Questions about these Terms: contact@theautorack.com or (289) 991-3884.

Mailing address only — this is not a retail location. We do not offer in-store pickup and cannot accept walk-in visits or returns dropped off in person.