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Terms & Conditions Of Mega Power Sports, Corp.
Binding Agreement: These Terms and Conditions, together with all Exhibits
to these Terms and Conditions (as they may be amended from time to time by
MegaPowerSports.com form a binding agreement (the "Agreement") between you
and MegaPowerSports.com. Your access to or use of the Site indicates your
acceptance of these Terms and Conditions.
Color: MegaPowerSports.com displays as accurately as possible the colors
of our products shown on our web site. However, colors may vary depending on
your monitor and graphics may vary slightly due manufacture's updated versions
within the model. Therefore, we cannot guarantee that your monitor’s display of
any color will be accurate nor the graphics to be exact as pictured. Most orders
are fulfilled at your item’s first color choice. Not all items or color choices
may be in stock at the time of shipping. Therefore we request two color choices
and will ship your order according to your 1st and 2nd color of choice. Please
note: shipping either your 2nd color choice is considered fulfilling your order
as accurate and true. If you have only 1 color choice, please note your color
request under the "Additional Comment" section in the check out process and we
will process your order accordingly.
Changes, Errors & Inaccuracies: MegaPowerSports.com reserves the right to
update or modify these Terms & Conditions at any time without prior notice.
Improvements to products may result in unannounced small changes to
specifications and external appearance. We strive to list and advertise all text
and product information as accurate as possible. However, unforeseen
typographical errors, picture errors and inaccurate information on this website
may occur. We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice, including
order that have already been submitted. If such errors occur, we apologize for
any inconvenience.
Assembly: All vehicles require some simple assembly. Each vehicle is
unique and will have different assembly requirements. Common assemblies include:
mounting wheels (nuts and bolts, tires already mounted on wheel), handlebar
(nuts and bolts), electrical connection (simple plug in), battery hook up (nuts
and screws) and mirrors (screws). Mechanical assemblies such as: motors or
carburetors are not required. Our vehicle can be assembled within 30 minutes to
3 hours depending on the vehicle you purchase. For your safety and the safety
of your family, any necessary assembly or maintenance must be performed by a
certified technician in order for warranty to be valid. There may be unforeseen
issues that require the expertise and knowledge of a trained professional.
These issues include, but not limited to: electrical connections that have
become disconnected in shipping, vacuum or fuel hose(s) dislodged in shipping
and Loose nuts and bolts in need of tightening. While these issues are normally
very simple to correct, most being a simple re-connection, they can be a
nuisance and very difficult to troubleshoot without the proper knowledge. Our
first concern at MegaPowerSports.com is your safety and satisfaction. These
vehicles will be driven at high speeds and by children in some cases. These
concerns are better preserved by having your vehicle properly assembled and
inspected prior to use. To find a list of local technicians, please click on the
"Find a Repair Shop" link under the Technical Support menu located at the bottom
of our website.
Submissions: We welcome your comments regarding your purchase and product
experiences with us to help better our service to you in the future. However,
any comments, feedbacks, notes, messages, emails, suggestions and ideas sent to
MegaPowerSports.com shall remain exclusive property of MegaPowerSports.com. We
reserve the right to use, reproduce, disclose, publish and distribute any
material you submit for any purpose whatsoever, without restriction and without
compensating you in any way.
Privacy Policy: MegaPowerSports.com collect, use and protect information
about our online guests. We receive and may store any information you enter on
our website or give to our website in any way. This is to help improve the
personalization of our services to you by providing better products and special
offers. We will not share your information with any vendors, business partners
or other organizations except where required to fulfill your order. We may
disclose certain appropriate information about you to comply with the law; to
protect the rights, property or safety or our website, our users or others. We
recognize the importance of protecting privacy where children are involved. We
do not knowingly collect personal information from children under the age of 13.
If a child has provided our website with personal identifiable information, we
ask that the parent or guardian contact us so we can delete the information
about the child. By using this website, you consent to our use of information
that is collected or submitted as described in our online privacy policy. We may
change or add to this privacy policy so we encourage you to review our policies
periodically.
Security: Our website uses Secure Sockets Layering (SSL) to encrypt your
personal credit card information before it travel over the internet. SSL
Technology is the industry standard to secure online transactions. Because we
use SSL, placing orders online on our website is the safest way. We do not even
have a record of your complete credit card number when we receive your order
online. We only received the first and last four digits for verification
purposes.
Waiver of Liability: The following Waiver of Liability is a legal and
biding contract, executed in the county of Volusia in the State of Florida. By
purchasing any items on this website, I, as buyer, acknowledge and agree to be
above 18 years or age or are the parent of a child under the age of 18 years. I,
as buyer, acknowledge and understand that riding an all-terrain-vehicle (Atvs),
dirt bikes, go karts, motorcycles, mopeds, and gas scooters is a dangerous
activity that requires strenuous exercise and various degrees of skill and
experience for individual riders. I, as buyer, understand that these activities
can result in serious injury to the person and damages to property and
voluntarily assume any and all risk associated with loss, damage or injury while
riding the vehicles advertised on our website. I, as buyer, am aware of the
risks, hazards and dangers of personal injury, death and disability inherent
with the specific use of these vehicles as well as the inherent risks, hazards
and dangers of personal injury and disability increase with inexperienced
riders. I, as buyer, agree to release and forever discharge MegaPowerSports.com
or its parent company and their agents, servants, employees, officers,
directors, trustees and all other persons or entities acting on their behalf and
the manufacture from any and all claims, actions, damages, liabilities, cost or
expenses and attorney fees which are related to, arise out of, or are in any way
connected to your participation or use of these vehicles, use of equipment or
property supplied by MegaPowerSports.com or its parent company or your presence
upon the premises , whether or not such claims, actions, damages, liability,
cost or expenses are caused by the negligence of the seller, manufacture or
distributor. By this Agreement, it is my intention as buyer, to surrender and
waive any rights to sue or exercise any legal rights to seek damages from
MegaPowerSports.com or its parent company and their agents, servants, employees,
officers, directors, trustees and all other persons or entities acting on their
behalf. This Agreement shall be affecting and binding upon my heirs, agents,
personal representatives and assigns. I, as buyer, hereby certify that I am over
the age of 18 years of age. I, as buyer, have carefully read the foregoing and
acknowledge that I understand and agree to all the above Terms and Conditions. I
have had the opportunity to ask any and all questions regarding this Agreement
and the affect of the same. I, as buyer, am aware that by purchasing this item
and sending/remitting payment for it/them, I assume all risk, and waive and
release certain substantial rights that I may have or possess. I, as buyer,
therefore release all liability and waive all rights I may have in regards to my
child’s activities with any items purchased from MegaPowerSports.com.
Legal Status of Products: I, as buyer, agree to read the user’s manual
carefully before operating my vehicle. I, as buyer, agree to inspect my vehicle
to be sure all nuts, bolts and chain are tight and the vehicle is safe for
operations. I, as buyer, agree to wear a helmet and protective gear when riding.
I, as buyer, acknowledge that it is my responsibility, to ascertain and obey all
local, state and federal laws in regards to the possession and use of any items
purchased from MegaPowerSports.com and its parent company. MegaPowerSports.com
and its parent company will not be liable for the misuse of any products
purchased from MegaPowerSports.com and its parent company or any of its
distributors or agents. I, as buyer, have read this waiver of liability,
assumption of risk and indemnity agreement, fully understand its terms, and
understand that I, as buyer, am giving up substantial rights by agreeing to this
waiver and have brought it freely and voluntarily without any inducement,
assurance or guarantee being made to me. My purchase is to be considered as a
complete an unconditional release of all liability to the greatest extent
allowed by law.
Additional Clause for Online Purchases: All items are brand new sealed in
manufacture’s packaging. Orders are processed and can be shipped within 24
business hours from the date of purchase. We will email you your tracking number
within 24 hours from the time your shipment leaves our warehouse so you can
track your shipment en route. We use a third party LTL transportation company to
delivery your order. Transit time may take, but not limited from 2-7 business
days depending on how far you are from our warehouses. During holiday seasons,
transit time may be an additional 3-15 business days. Order may not be cancelled
or refused due to extended transit schedules. Order may be cancelled only if we
are unable to fulfill and ship your order within 5 business days. You may also
cancel your order if your item has not been shipped. However you will be charged
a 6% merchant cost to reimburse us for the third party merchant fee. If you
refuse to accept a delivery for a shipment, you agree to pay all shipping costs
to and from. Refunds and returns are allowed upon mutual agreement of both
parties. All accounts placed for collections will be subject to a 30% collection
fee plus attorney fees, interest, and court cost.
Enforcement of Terms & Conditions: By accessing and purchasing any items
on our MegaPowerSports.com website, you are subject to our Terms & Agreement as
mentioned above as well as all applicable laws, as governed and interpreted
pursuant to the law of Volusia County in
the State of Florida, United States of America. |
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