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.
Shipping Method and ETA
Free shipping applies to orders of $99 or more and refers to standard ground
shipping within the 48 contiguous states. Shipping is not available to PO Boxes,
APO's or FPO's. All orders are shipped out via standard ground shipping unless
an alternative method is selected. Ground shipping is estimated to take between
5 to 7 business days. We strive to ship our orders within 48 hours of receipt
of payment; Monday through Friday excluding nationally observed holidays and
weekends. If under some unusual circumstance your order takes longer than 48
hours to leave the warehouse we apologize. Please Note if you are choosing UPS Next Day, 2nd Day, or 3-Day shipping, UPS does not include the date the item is shipped in the transit time. Air shipments will usually take up to 1-2 business days to process as well.
Shipping Delays / Out of Stock Items
Shipping delays may be caused by natural disasters or errors made by a shipping
company. A freight carrier may delay a shipment for reasons uncontrollable by
us, therefore, in the event of such a delay we cannot be held responsible. In
order to ensure your order arrives promptly please insure that your shipping
information is correct. In the event an order is returned due to an incorrect
address provided by the customer the customer will be accountable for shipping
costs. If an item is out of stock the order will be held "open" and will be
shipped immediately upon arrival.
Damaged Items
If your item arrives damaged or the box appears damaged you must keep the box
in original condition and please contact us within 7 days of receiving it. We
may have the shipping company inspect the box and items in order to confirm
the damages. In accordance with our parts warranty we will provide replacement
parts free of charge. Failure to keep the box in original condition may result
in the claim being denied by the shipping company in which case ScooterDomain.com
cannot be held responsible for the damages. The customer is responsible for
inspecting the items and reporting any damages to the shipping company upon
receipt of the items. Failure to report damages may void damage claims.
Returns
To return an item please contact us to obtain a Return Merchandise Authorization
(RMA) number within 7 Days of receipt of item. A 30% restocking fee applies
to returned items. Returned items missing parts will be assessed a 50% restocking
fee. Shipping charges are not refundable. You must use the original packaging
to return an item and the packaging must be in original condition in order to
return an item. Packages returned without a RMA number will be refused. Fueled
or used items may not be returned. We strongly recommend that you fully insure
your return shipment in case it is lost or damaged.
* No returns on exhausts, carburetors, head kits and body kits.
To obtain an RMA number please contact us by email at contact@pocketbikeparts.com
Refunds
Refunds may apply to cancelled items.
Cancellations
Orders that have shipped may not be cancelled but may be returned. If an item
has not shipped you may cancel the item within 24 hours after the order is placed.
Please allow 2 to 3 business days for your account to be successfully refunded
for the cancelled item. Shipping charges are nonrefundable.
Refused Items
Items that are refused are subject to a 30% restocking fee. Shipping charges
are non-refundable.
International Shipments
All international sales are final. The customer is responsible for any tariffs,
taxes, etc.
State and Local Laws
The purchaser, rider and/or legal gaurdian of rider is responsible for insuring
compliance with laws governing scooter operation. We do not make any representation
that the scooters we sell are street legal or DOT approved. Where indicated,
scooters have been approved by the EPA and are in compliance with emissions
standards.
Safety and Liability Policy
PocketBikeParts.com cannot be held liable for damage to property and/ or injury
or loss of life incurred while operating any of our products and/ or caused
by a person operating any of our products. Persons under 18 years of age must
be supervised by a parent or legal guardian while operating our products.
Riders must wear a Department of Transportation (DOT) approved helmet when operating
any of our products. Failure to wear proper protective gear may result in serious
injury or loss of life.
Do not ride in wet weather as it impairs traction, braking, and visibility.
The risk of accident is dramatically increased in wet conditions. Do not ride
at dusk, after dark, or at times of poor visibility.
Limitation of Liability
PocketBikeParts.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 PocketBikeParts.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 PocketBikeParts.com product is mistakenly listed at an incorrect
price, PocketBikeParts.com reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. PocketBikeParts.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, PocketBikeParts.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 PocketBikeParts.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
PocketBikeParts.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 PocketBikeParts.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Florida, 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 PocketBikeParts.com products) shall be in the state or federal courts located
in Miami-Dade County, Florida. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of PocketBikeParts.com
products) must be commenced within one (1) year after the claim or cause of
action arises. PocketBikeParts.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.
PocketBikeParts.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 PocketBikeParts.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.
Indemnification
You agree to indemnify, defend, and hold harmless PocketBikeParts.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, PocketBikeParts.com
may link to sites operated by third parties. However, even if the third party
is affiliated with PocketBikeParts.com, PocketBikeParts.com has no control over
these linked sites, all of which have separate privacy and data collection practices,
independent of PocketBikeParts.com. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, PocketBikeParts.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).
Participation Disclaimer
PocketBikeParts.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, PocketBikeParts.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, PocketBikeParts.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 PocketBikeParts.com
in its sole discretion.
Trademarks
All trademarks, service marks and trade names of PocketBikeParts.com used in
the site are trademarks or registered trademarks of PocketBikeParts.com
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 PocketBikeParts.com. The collective
work includes works that are licensed to PocketBikeParts.com. Copyright 2003,
PocketBikeParts.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 PocketBikeParts.com or purchasing PocketBikeParts.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 PocketBikeParts.com or to purchase PocketBikeParts.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 PocketBikeParts.com. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
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