Frequently Asked Questions
- Privacy Notice
- Information Collection, Use, and Sharing
- Your Access to and Control Over Information
This privacy notice discloses the privacy practices for www.cartbarn.com This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Terms and ConditionsTERMS AND CONDITIONS OF NV GOLF CARS, LTD.1. Definitions; Interpretation. In addition todefinitions provided elsewhere herein, the following definitionsshall apply to these terms and conditions (“Terms”). “Seller”means NV Golf Cars, Ltd. d/b/a The Cartbarn; “Buyer” meansa party who places an order with Seller for Purchases;“Carrier” means Buyer or the third party carrier engaged byBuyer, or on Buyer’s behalf, to deliver the Products to Buyer’ssite; “Laws” means all applicable federal, state, and local laws,codes, rules, regulations, and orders of any governmentalauthority; “Purchases” means Products or Services, asapplicable; “Products” means any and all goods sold by Sellerto Buyer; “Services” means all services provided by Seller toBuyer; “Manufacturer” means the manufacturer of a Product;“Manufacturer’s Warranty” means the limited warrantiesfurnished by the Manufacturer with respect to a Productmanufactured by it; “Shipping Site” means Seller’s locationwhere the Products are received by the Carrier fortransportation to Buyer’s site; “Specific Terms” means, asapplicable, the specific terms set forth in an Order; “Order”means credit quotations, sales orders, and invoices of Sellerrelated to Purchases, all of which shall be deemed to includethese Terms. As used herein: (a) the singular includes theplural and vice versa, (b) the term “or” is not exclusive,(c) “include” or “including” means including, withoutlimitation, (d) headings do not constitute a part of these Terms,(e) all references to money refers to United States currency, and(f) references to Seller and Buyer include their respective2. Acceptance; Conflicting Terms. Buyer shall bedeemed to have irrevocably accepted the Terms upon theearliest of (a) executing an Order to which these Terms areattached or with respect to which these Terms are delivered,(b) placing an Order in writing or orally, (c) acceptance of thedelivery of a Purchase, or (d) payment of any amount due for aPurchase. If additional or different terms or conditions(“Buyer’s Proposed Terms”) are contained in an ordersubmitted by Buyer (including on Buyer’s forms), these Termsshall control regardless of when Buyer’s Proposed Terms arereceived by Seller unless Seller agrees in writing to a Buyer’sProposed Term; otherwise, Seller rejects all Buyer’s ProposedTerms. If the parties have entered into another agreementidentified in the Order (the “Other Agreement Terms”), theTerms and the Other Agreement Terms shall both be applicablewhere they are not inconsistent with each other; however, to theextent a conflict exists, the Other Agreement Terms shall3. Prices; Payment Terms; Security Interest. Pricesfor Purchases: (a) shall be the purchase price set forth in anOrder, plus additional charges and less deductions set forththerein, (b) do not include packing, transportation, or insuranceunless otherwise agreed, (c) exclude all federal, state, and localtaxes, all of which shall be paid by Buyer. Payment shall bemade as set forth in the Specific Terms, and if the paymentterms are not specified, payment in full shall be made uponreceipt of the invoice. Buyer shall have no rights of set-off orother retainage of any kind. Buyer shall pay Seller interest ondelinquent payments at the rate of one percent (1%) per monthor the highest rate permitted by law, whichever is less. Sellermay require Buyer to pay the purchase price, or to provideadequate security for payment, prior to delivery of thePurchases. If Seller makes a delivery of any Products beforeBuyer’s payment in full of the price therefor, then Buyer grantsto Seller a purchase money security interest in the Products andauthorizes Seller to file Uniform Commercial Code financingstatements, amendments, and continuation statements or filingsin connection therewith and to take all other actions Sellerdeems necessary or desirable to perfect, maintain, protect, andforeclose on the security interest granted herein.4. Orders; Delivery; Risk of Loss; Transportation;Inspection. Orders may not be cancelled or modified after 48has elapsed from placement of an Order. Unless otherwisespecified on an Order, Products shall be delivered Ex-WorksShipping Site, with Buyer responsible for transportationinsurance. Partial deliveries are allowed without Buyerconsent. Delivery dates are estimates only. Seller shall attemptto notify Buyer of anticipated delivery delays, but Seller shallnot be in default due to any such delays. Buyer shall assumerisk of loss of the Products at the Shipping Site, but title to theProducts shall remain with Seller until Buyer’s payment of theprice for the Products in full. Unless otherwise set forth in theSpecific Terms, Seller shall have no responsibility to pack,unload, or install Products. Buyer shall fully inspect allProducts upon delivery and note on the shipping ticket anynonconformity. If a nonconformity relates to incorrectProducts being shipped or damaged Products, Buyer shallnotify Seller thereof within two days after delivery, and followSeller’s instructions for remedy of such nonconformity. Ifnonconformity relates to damaged Products, Seller shall assistBuyer in obtaining Buyer’s rights under the Manufacturer’sWarranty.5. Warranty Disclaimer. Seller warrants that it hastitle, or the rights necessary to, sell the Purchases to Buyer.Seller does not manufacture the Products; accordingly,EXCEPT AS SET FORTH HEREIN, SELLER MAKESNO REPRESENTATIONS OR WARRANTIES, EXPRESSOR IMPLIED, REGARDING THE PURCHASES,INCLUDING COMPLIANCE WITH BUYER’S OR END-
USER’S SPECIFICATIONS AND INDUSTRYSTANDARDS; ALL OTHER WARRANTIES,INCLUDING WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, ANDDESIGN ARE DISCLAIMED AND EXCLUDED. THEONLY WARRANTIES APPLICABLE TO THEPRODUCTS ARE CONTAINED IN THEMANUFACTUER’S WARRANTY.6. Manufacturer’s Warranty; Exclusive Remedy. Tothe extent assignable, Seller assigns to Buyer all of Seller’sright, title, and interest in the Manufacturer’s Warranty. Sellershall cooperate with Buyer to obtain the consent of theManufacturer to assignment of the Manufacturer’s Warranty.Seeking repair or replacement rights under the Manufacturer’sWarranty shall be Buyer’s sole and exclusive remedy withrespect to defective Products. Notwithstanding the foregoing,the Manufacturer’s Warranty shall not cover noncompliancewith the specifications that results from (a) use of Products inother than their normal and customary manner or not incompliance with the instruction materials provided by Seller,(b) neglect, abuse, or misuse, (c) improper handling, operation,transport, storage, or environmental conditions,(d) unauthorized alterations, or (e) damage that occurs during7. Limitation of Liability. Seller shall not be liable toBuyer for any special, exemplary, indirect, or consequentialdamages of any type, including loss of profits, arising outof, resulting from a breach of Seller’s obligationshereunder, whether arising out of contract, negligence,strict liability, or otherwise. Seller’s total liabilityhereunder for all claims shall not exceed the amount paid toSeller by Buyer for the applicable Purchases.8. Excusable Delays. If Seller shall be rendered whollyor partly unable to carry out its obligations under these Termsby reason of an event beyond its reasonable control, includingacts of God, labor troubles, production or engineeringdifficulties, terrorism, war, government acts, or inability toobtain the Products, then the performance of such obligations,insofar as they are affected by such cause, shall be excusedduring the continuance of the inability so caused.9. Compliance with Laws and Instruction Materials.Buyer shall comply with all Laws in effect from time to timerelating to the use, handling, transportation, installation,service, maintenance, cleaning, and disposal of the Productsand shall comply with the instruction materials provided by10. No Liens. Buyer shall not allow the creation of anylien or security interest on any Products until Seller’s deliveryof the Products and Buyer’s payment in full of the price for the11. Indemnification. Buyer shall indemnify, holdharmless, and if requested by Seller, defend, Seller, itsaffiliates, and its affiliates’ respective successors, assigns,employees, officers, managers, members, partners, contractors,and consultants (as applicable, the “Indemnified Party”) fromand against all losses, costs, expenses, liabilities, damages,fines, or penalties, including court costs, reasonable attorneys’and professionals’ fees and expenses and other litigation orsettlement expenses (collectively “Losses”) sustained orincurred by the Indemnified Party, including in connection witha claim, demand, or action (a “Claim”) made by a third partyagainst the Indemnified Party, to the extent arising from(a) failure of Buyer to perform Buyer’s obligations under the12. Cumulative Remedies; No Waiver. If Buyer fails tocomply with any Term, in addition to all other remediesavailable to Seller at law or in equity, all of which shall becumulative, Seller shall have the right to cease supplyingPurchases to Buyer and to terminate any Orders, except thatBuyer shall be obligated to pay all amounts owed to Seller forPurchases delivered prior to such termination. Failure of Sellerto enforce any right it may have against Buyer shall notconstitute a waiver of such right or a waiver of any other rightof Seller.13. Entire Agreement; Amendment; GeneralProvisions. These Terms (including the Specific Termscontained in Orders) constitute the entire agreement betweenthe parties with respect to the subject matter hereof, andsupersedes all prior or contemporaneous negotiations andagreements, whether written or oral. These Terms may beamended only by a writing signed by both parties. The rightsand obligations of Buyer pursuant to these Terms may not beassigned or delegated, by operation of law or otherwise,without the written consent of Seller. If any of the provisionsherein shall for any reason be held void or unenforceable, theremaining provisions shall remain in full force and effect.14. Notices. All notices, consents, approvals, changeorders, and other communications that are required or permittedto be given under these Terms shall be sufficient in all respectsif given in writing and delivered in person or by electronicmail, facsimile, overnight courier, or certified mail, postageprepaid, return receipt requested, to the receiving party at theaddress shown on the Order, or to such other address as suchparty may have given to the other by notice pursuant to thisSection. Notices, consents, approvals, change orders, and othercommunications shall be deemed delivered, given, and receivedon the date of delivery, in the case of personal delivery,electronic mail, or facsimile, or on the delivery or refusal date,as specified on the return receipt in the case of certified mail oron the tracking report in the case of overnight courier.15. Governing Law and Forum; Waiver of Trial byJury. The Laws of the State of Nevada, excluding choice oflaw rules, shall govern any action related to these Terms. Anylitigation with respect to the Agreement shall be broughtexclusively in the courts of the State of Nevada, County ofWashoe, and Buyer irrevocably submits to such personaljurisdiction and venue. This provision is mandatory. IT ISMUTUALLY AGREED BY AND BETWEEN THE PARTIESTHAT THEY EACH WAIVE TRIAL BY JURY IN ANYACTION, PROCEEDING, OR COUNTERCLAIMBROUGHT BY EITHER OF THEM AGAINST THE OTHERPARTY ON ANY MATTER WHATSOEVER ARISING OUTOF OR IN ANY WAY CONNECTED WITH THESETERMS.16. Attorney’s Fees. If Seller is required to take anyaction to enforce these Terms, Seller shall be entitled toreasonable attorneys’, consultants’, expert witnesses’, and otherprofessionals’ fees and costs, costs of collection, and interest atthe statutory rate on any unpaid amount from the date due.