Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. By Placing an order with us, you agree with these terms and conditions completely.
Returns
We accept returns within 30 days of order receipt for aftermarket parts and within 10 days for OEM parts. We must have these items back in our possession by the time frame due date to be eligible for a refund, store credit or exchange. All sales are FINAL on electrical parts. All returns for refund are subject to a 10-15% restocking fee.
The restocking fee is determined by the distributor or manufacturer not us (we hate restocking fees). To keep our customers happy, if we can very quickly resell an item or even sell it on eBay, we will attempt to do so in order to recover any loss and not have to charge our customers a restocking fee. That is soley our discretion and not all scenarios will be the same. If there is a manufacturer mistake, obvious defect or our website is inaccurate (ie: item description says it fits 2012 Honda CRF450R and it doesn't) we will cover shipping back to us from you and waive the restocking fee. We are limited to covering shipping cost from where we sent your original order to, then back to us. You cannot have us ship an item to Florida and expect us to pay for shipping from Hong Kong, back to us. If you place an order over the phone and you provide the part number you are responsible for ensuring fitment unless you ask a sales rep to ensure fitment on the part number you provided. We keep documentation on every phone order for customer supplied part numbers and parts rep fitment verification. We try our best to confirm fitment anyway but sometimes we are very busy and we are unable to do it for every order unless asked explicitly.
Shipping
Enjoy free ground shipping to the lower 48 states on orders over $99 the items in your order which qualify for 'Free Ground Shipping' total $99 or more, your order ships FREE! Exclusions: Alaska, Hawaii, Guam, Puerto Rico and International shipments, Tires, Wheels, ATV/UTV Body Panels, ATV/UTV Roofs, ATV/UTV Fenders, ATV/UTV Bumpers/Guards, Frames, Cranks, Motors, 4 or more liters of oil or other similar liquid (suspension fluid, cleaners, lubes etc).
We apologize in advance if you check out and have these items in your cart and the system doesn't automatically charge you for oversize or international shipping. In the event of this happening, your order will be adjusted at time of shipping to the published USPS or FedEx rate.
Shipping turnaround time:
Aftermarket:
1-5 business days. Most orders are shipped inside of a business day. If there are any issues with being able to supply your full order to you, we will call and/or email you asap.
OEM:
2-10 business days to ship depending on the warehouse the OEM had the part(s) in stock at. The closest to us will be the faster turnaround and the farthest will be the slowest accordingly. If there are any issues with being able to supply your full order to you, we will call and/or email you asap.
Ordering
By ordering online you understand that you take full responsibility for the item you ordered and the possible defects the item may have due to the manufacturer or your use. We don't take responsibility for the inaccuracy of items that were ordered online unless we specifically intervene or provide information before the order is placed. It is the customer's sole responsibility to do their own research in regards to fitment and compatibility unless assistance is requested by us before your order is placed. If we are unable to supply an order to you due to the item being out of stock, backordered or delayed by the manufacturer, you understand that we will call you and or email you within 1 business day and our contacting you is not a violation of privacy as it is in regards to your order with us. By providing the Year/Make/Model of your machine during checkout, you understand that we don't use that information to double check your order for part fitment accuracy and if it is incorrect, you take full responsibility. Thanks for your understanding!
Pricing
By ordering with us you agree that pricing errors are not our fault as our pricing is updated regularly but those prices are not provided by us and we aren't responsible for data we didn't create. If by chance you place an order and the price is not 0-15% off of MSRP (as evidenced by the supplier or manufacturer's website or publication), we will contact you to seek your permission to proceed at a different price. Items protected by their manufacturers are 0% off of MSRP while most items are 15% off of MSRP. We aren't responsible for pricing errors due to multi-pack items. If you place an order for a multi-pack and it is priced as a single, we will at our sole discretion send you a single item, you will not receive the pack for the price of a single.
Multi-Pack Items
Per "pricing" above, we receive data from the distributor and or manufacturer and since we didn't create the data, we cannot take responsibility if you are sold an item on our site as a single but is only available as a multi-pack item. We aren't responsible for pricing errors due to multi-pack items. If you place an order for a multi-pack and it is priced as a single, we will contact you and ask if you would like to proceed at the multi-pack price or if you want to cancel. Sometimes we are able to sell multi-packs as singles and in this case, we will never send you a pack for the price of the single. If you order a multi-pack item and pay the single price, if we can send you a single, you will be sent the single item. These mult-packs/singles are as annoying to us as to you. Thanks for understanding.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PowersportJunkie.com. The collective work includes works that are licensed to PowersportJunkie.com. Copyright 2012, PowersportJunkie.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PowersportJunkie.com or purchasing PowersportJunkie.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PowersportJunkie.com or to purchase PowersportJunkie.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PowersportJunkie.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of PowersportJunkie.com used in the site are trademarks or registered trademarks of PowersportJunkie.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PowersportJunkie.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PowersportJunkie.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PowersportJunkie.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
PowersportJunkie.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PowersportJunkie.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a PowersportJunkie.com product is mistakenly listed at an incorrect price, PowersportJunkie.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PowersportJunkie.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PowersportJunkie.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PowersportJunkie.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
PowersportJunkie.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PowersportJunkie.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Nevada, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PowersportJunkie.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PowersportJunkie.com products) must be commenced within one (1) year after the claim or cause of action arises. PowersportJunkie.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PowersportJunkie.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PowersportJunkie.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
PowersportJunkie.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PowersportJunkie.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PowersportJunkie.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PowersportJunkie.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless PowersportJunkie.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, PowersportJunkie.com may link to sites operated by third parties. However, even if the third party is affiliated with PowersportJunkie.com, PowersportJunkie.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PowersportJunkie.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PowersportJunkie.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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