Terms of Service

Effective date: See footer, updated periodically

These Terms of Service ("Terms") govern your access to and use of https://nabryx.com (the "Site") and your purchase of products from Nabryx Performance ("Nabryx Performance," "Nabryx," "we," "us," or "our"). By accessing the Site or placing an order, you agree to these Terms and to our Privacy Policy, Return Policy, Cancellation Policy, Warranty Policy, Shipping Policy, Product Disclaimers, and OEM Non-Affiliation Disclaimer, all of which are incorporated by reference. If you do not agree, do not use the Site.

1. About Us; Eligibility

Nabryx Performance is an independent New Jersey–based retailer of aftermarket high-performance exhaust systems and related automotive parts. We are not a vehicle manufacturer and are not affiliated with, sponsored by, or endorsed by any car manufacturer (see our OEM Non-Affiliation Disclaimer). You must be at least 18 years old and able to form a binding contract to purchase from us.

2. Products, Descriptions, and Fitment

• Product descriptions, images, specifications, and vehicle-fitment information are provided for convenience and may contain errors or change without notice.
• You are responsible for verifying fitment, application, and legality for your specific vehicle and jurisdiction before purchasing. If you are unsure, contact us at contactnabryx@gmail.com before ordering.
• We reserve the right to correct errors, limit quantities, and refuse or cancel orders (including after an order is placed), for example, for suspected fraud, pricing errors, or legal restrictions (see Sections 3 and 10).

THESE TERMS AND CONDITIONS APPLY TO ALL THE GOODS THAT ARE DISPLAYED ON OUR SITE AT THE TIME YOU ACCESS IT. THIS INCLUDES ALL PRODUCTS LISTED AS BEING OUT OF STOCK. ALL INFORMATION, DESCRIPTIONS, OR IMAGES THAT WE PROVIDE ABOUT OUR GOODS ARE AS ACCURATE AS POSSIBLE. HOWEVER, WE ARE NOT LEGALLY BOUND BY SUCH INFORMATION, DESCRIPTIONS, OR IMAGES AS WE CANNOT GUARANTEE THE ACCURACY OF ALL GOODS WE PROVIDE. YOU AGREE TO PURCHASE GOODS FROM OUR SITE AT YOUR OWN RISK.

3. Orders, Pricing, and Payment

• All prices are in U.S. dollars and exclude applicable taxes and shipping unless stated. New Jersey and other applicable sales tax will be added where required.
• Your order is an offer to purchase. A contract is formed only when we accept your order and/or ship the product. We may decline or cancel any order.
• Payment is processed through Shopify and its payment processors. You represent that you are authorized to use the payment method provided. For high-value orders we may require additional identity or payment verification before shipment.
• In the event of an obvious pricing or typographical error, we may cancel the order and refund any amount charged, even after confirmation.

WE RESERVE THE RIGHT TO MODIFY, REJECT OR CANCEL YOUR ORDER WHENEVER IT BECOMES NECESSARY. IF WE CANCEL YOUR ORDER AND HAVE ALREADY PROCESSED YOUR PAYMENT, WE WILL GIVE YOU A REFUND EQUAL TO THE AMOUNT YOU PAID. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR YOUR PAYMENT INSTRUMENT TO VERIFY RECEIPT OF ANY REFUND.

4. Shipping and Delivery

Shipping timelines, methods, and risk of loss are described in our Shipping Policy. Consistent with the FTC Mail, Internet, or Telephone Order Merchandise Rule, if we cannot ship within the time stated (or within 30 days where no time is stated), we will notify you and offer the option to consent to the delay or cancel for a refund.

5. Returns, Cancellations, and Warranty

Returns are governed by our Return Policy, cancellations by our Cancellation Policy, and any product warranty by our Warranty Policy. Please read them before purchasing. Certain items (including custom, made-to-order, special-order, and installed parts) may be non-returnable.

6. Product Use, Compliance, and Assumption of Risk

Our products are high-performance aftermarket parts. Many are intended for off-road, closed-course, or competition use only and are not legal for use on public roads or highways in all jurisdictions. By purchasing, you agree to the representations, certifications, and assumptions of risk set out in our Product Disclaimers, including compliance with the Clean Air Act, EPA regulations, California CARB rules, and applicable noise and emissions laws. You are solely responsible for lawful use, professional installation, and compliance with all laws in your jurisdiction.

7. Intellectual Property

The Site and its content (excluding third-party marks used nominatively to identify vehicle applications) are owned by or licensed to Nabryx Performance and protected by intellectual-property laws. You may not copy, reproduce, or create derivative works without our permission. Vehicle-manufacturer names and marks are the property of their respective owners and are used only to identify vehicle compatibility; see our OEM Non-Affiliation Disclaimer.

8. Acceptable Use

You agree not to: use the Site unlawfully; interfere with its operation or security; scrape or harvest data; submit false information; infringe others' rights; or use the Site to facilitate illegal vehicle modifications.

9. Disclaimers of Warranties

EXCEPT AS EXPRESSLY STATED IN OUR WARRANTY POLICY OR REQUIRED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you. Nothing in these Terms limits any non-waivable rights under the New Jersey Consumer Fraud Act, the federal Magnuson-Moss Warranty Act, or other applicable law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NABRYX PERFORMANCE AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, VEHICLES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SITE, THE PRODUCTS, OR THEIR INSTALLATION OR USE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. This section does not exclude liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify and hold harmless Nabryx Performance from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site or products, your unlawful or off-road-designated use on public roads, your violation of these Terms, or your violation of any law or third-party right.

12. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. [VENUE, e.g., the state and federal courts located in [COUNTY] County, New Jersey] will have exclusive jurisdiction, unless the parties agree to arbitration. [OPTIONAL ARBITRATION / CLASS-ACTION WAIVER CLAUSE, CONFIRM WITH COUNSEL WHETHER TO INCLUDE.] Nothing here limits your rights under the New Jersey Consumer Fraud Act or other non-waivable consumer-protection laws.

13. Changes to These Terms

We may update these Terms at any time. Changes are effective when posted, with a revised "Effective date." Your continued use of the Site or placement of new orders constitutes acceptance.

14. Miscellaneous

If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the incorporated policies, are the entire agreement between you and us regarding the Site and your purchases.

15. Contact

Nabryx Performance · [NJ REGISTERED ADDRESS] · contactnabryx@gmail.com