Terms of service

Terms of Service

Effective Date:

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES.

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between FLORIX AUTOMOTIVE LLC ("Company," "we," "our," or "us"), a Florida limited liability company with its principal place of business at 402 Sardinia Cir, Davenport, Florida 33837-5863, and you ("User," "you," or "your"). This Agreement governs your access to and use of the website florixautomotive.top (the "Site"), including any content, functionality, services, products, or applications offered on or through the Site (collectively, the "Services").

By accessing, browsing, or using the Site, or by purchasing products or services from us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Site or purchase our products or services. By using the Site, you represent and warrant that:

  • You are at least 18 years of age;
  • You are legally authorized to enter into contracts under applicable law;
  • Your use of the Site does not violate any applicable law, regulation, or obligation to a third party;
  • You are not prohibited from accessing the Site under the laws of your jurisdiction.

2. Account Registration & Security

Certain features of the Site may require you to create an account. You agree to:

  • Provide accurate, current, and complete information during registration;
  • Maintain and promptly update your account information;
  • Maintain the confidentiality of your login credentials;
  • Notify us immediately at jasonkarom33@gmail.com of any unauthorized use of your account.

You are solely responsible for all activities that occur under your account. FLORIX AUTOMOTIVE LLC shall not be liable for any loss or damage arising from your failure to comply with this section.

3. Products, Services & Orders

3.1 Product Descriptions & Availability

We strive to display accurate descriptions, images, and pricing for automotive parts, accessories, FloRix Performance products, and services. However, we do not warrant that product descriptions, specifications, or other content on the Site are accurate, complete, reliable, current, or error-free. All products are subject to availability, and we reserve the right to discontinue any product or limit quantities at any time without notice.

3.2 Orders & Acceptance

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to:

  • Unavailability of the product;
  • Errors in pricing or description;
  • Suspected fraud or unauthorized use of payment methods;
  • Violation of these Terms or applicable law.

Order acceptance occurs only when we ship the product or send an order confirmation email. Until that time, we may cancel your order and issue a full refund.

3.3 Pricing & Payment

All prices are listed in U.S. Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, shipping, handling, or installation fees, which will be added at checkout. You agree to provide current, complete, and accurate purchase and account information and to promptly update any changes. You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

3.4 Automotive Services & Authorizations

Florida Motor Vehicle Repair Act Notice: For diagnostic, repair, or installation services performed in Florida, we comply with Florida Statutes Chapter 559, which requires written estimates and your express authorization before commencing work exceeding a specified threshold. [[18]] By authorizing services, you agree to the estimated costs and scope of work. Any additional work requiring increased costs will be communicated to you for approval prior to performance.

4. Shipping, Delivery & Risk of Loss

  • Shipping: Orders are processed within 1–3 business days. Shipping times vary by destination and carrier. You are responsible for providing an accurate shipping address.
  • Delivery: Title and risk of loss for products pass to you upon delivery to the carrier. We are not liable for delays caused by carriers, customs, weather, or events beyond our reasonable control.
  • International Orders: For shipments outside the United States, you are responsible for all import duties, taxes, and customs fees. Non-compliance with import regulations may result in order cancellation or return at your expense.

5. Returns, Refunds & Warranties

Our Refund & Return Policy is incorporated into these Terms by reference and governs all returns, exchanges, and refunds. Key highlights include:

  • Eligible returns must be requested within 30 days with an RGA number;
  • Restocking fees may apply to non-defective returns;
  • Defective items are covered under manufacturer warranties where applicable;
  • Services (diagnostics, installation) are generally non-refundable once performed.

Vehicle Sales Disclaimer: Unless expressly stated in a separate written sales contract, all vehicles sold by FLORIX AUTOMOTIVE LLC are sold "AS-IS, WHERE-IS" with no express or implied warranty of merchantability or fitness for a particular purpose. Florida law does not provide a statutory right to return a used vehicle. [[13]][[15]][[19]] We encourage independent pre-purchase inspections. Statutory lemon law protections may apply to new vehicles under Florida or California law for eligible residents. [[14]][[16]][[21]]

6. Intellectual Property

The Site and its original content, features, and functionality are owned by FLORIX AUTOMOTIVE LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

  • Reproduce, distribute, modify, or create derivative works of any Site content;
  • Use any data mining, robots, or similar scraping tools without our express written permission;
  • Remove any copyright, trademark, or proprietary notices from Site content;
  • Use our trademarks (including "FLORIX AUTOMOTIVE," "FloRix Performance") without prior written consent.

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at jasonkarom33@gmail.com with the information required under the Digital Millennium Copyright Act (DMCA).

7. User Conduct & Prohibited Activities

You agree not to use the Site to:

  • Violate any federal, state, local, or international law or regulation;
  • Infringe upon the intellectual property, privacy, or publicity rights of others;
  • Transmit viruses, malware, or any other destructive code;
  • Interfere with or disrupt the Site's security, servers, or networks;
  • Impersonate any person or entity or misrepresent your affiliation;
  • Engage in any automated use of the Site (e.g., bots, scrapers) without authorization;
  • Post false, misleading, defamatory, or unlawful content.

Violation of these provisions may result in termination of your access to the Site and legal action.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COURSE OF DEALING.

We do not warrant that:

  • The Site will be uninterrupted, secure, or error-free;
  • Defects or errors will be corrected;
  • The Site or its servers are free of viruses or harmful components;
  • Results from using the Site will meet your expectations or be accurate.

Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you. In such cases, warranties are limited to the minimum scope permitted by law.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLORIX AUTOMOTIVE LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, OR SERVICES.

Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Site shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or $100 USD, whichever is greater.

These limitations apply regardless of the legal theory (contract, tort, strict liability, etc.) and even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless FLORIX AUTOMOTIVE LLC, its owner Ricardo Flores Negron, affiliates, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your use of the Site, products, or services;
  • Your violation of any third-party right, including intellectual property or privacy rights;
  • Your negligent or wrongful acts or omissions.

11. Governing Law & Dispute Resolution

11.1 Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. [[27]]

11.2 Venue & Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Polk County, Florida, and you hereby consent to the personal jurisdiction and venue thereof.

11.3 Arbitration Agreement (Class Action Waiver)

READ THIS SECTION CAREFULLY – IT AFFECTS YOUR RIGHTS. Except for claims that may be brought in small claims court, you and FLORIX AUTOMOTIVE LLC agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. [[26]]

  • Arbitration shall be conducted in Polk County, Florida, or another mutually agreed location;
  • The arbitrator's award shall be final and binding, with judgment enforceable in any court of competent jurisdiction;
  • Class Action Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  • If any portion of this arbitration agreement is found unenforceable, the remainder shall remain in full force and effect.

12. California Consumer Rights

If you are a California resident, you have specific rights under California law:

  • CCPA/CPRA: You have the right to know, delete, correct, and opt-out of the "sale" or "sharing" of your personal information. To exercise these rights, contact us at jasonkarom33@gmail.com with "California Privacy Request" in the subject line. [[22]][[24]][[28]]
  • Shine the Light Law: California Civil Code Section 1798.83 permits you to request information regarding our disclosure of personal information to third parties for direct marketing purposes. Submit requests to the email above with "Shine the Light Request" in the subject line.
  • Automatic Renewal Law: If you enroll in any subscription service, you will receive clear disclosure of terms and an easy method to cancel prior to renewal, in compliance with California Business and Professions Code § 17600 et seq.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Site with a revised "Effective Date" and, where appropriate, via email or Site notice. Your continued use of the Site after such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

14. Termination

We may suspend or terminate your access to the Site or Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Site ceases immediately. Provisions that by their nature should survive termination (e.g., disclaimers, limitations of liability, indemnification, governing law) shall survive.

15. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, and any other expressly incorporated documents, constitute the entire agreement between you and FLORIX AUTOMOTIVE LLC regarding the subject matter herein.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: We shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, labor disputes, or government actions.
  • Electronic Communications: By using the Site, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

16. Contact Information

FLORIX AUTOMOTIVE LLC
Attn: Legal Department / Ricardo Flores Negron, Owner
402 Sardinia Cir
Davenport, Florida 33837-5863
United States

Email: jasonkarom33@gmail.com
Subject Lines:
• Legal/Contract Inquiries: "Terms of Service Inquiry"
• CCPA/Privacy Requests: "California Privacy Rights Request"
• DMCA/Copyright Claims: "DMCA Takedown Notice"

We aim to respond to all legitimate inquiries within 5 business days.