Terms & Conditions Introduction:

 

Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the ScootersFactory.com Web Site. If you do not accept these Terms and Conditions, you may not use the Site. These Terms and Conditions are effective as of September 1, 2004.

 

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 Scootersfactory.com) form a binding agreement (the "Agreement") between you and  ScootersFactory.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions.

 

Intellectual Property Rights:

 

The Site and all right, title and interest in and to the Site is the sole property of ScootersFactory.com or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, ScootersFactory.com reserves for itself and it's licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "ScootersFactory.com," the Scooters Factory design logo and certain other names or logos are service marks or trademarks of ScootersFactory.com, and all related product and service names, design marks and slogans are the service marks or trademarks of ScootersFactory.com. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by ScootersFactory.com trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

 

Color:

 

ScootersFactory.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:

 

ScootersFactory.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 ScootersFactory.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 ScootersFactory.com shall remain exclusive property of ScootersFactory.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:

 

ScootersFactory.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.

 

Copyright Notice:

 

This website is maintained and operated by:

 

ScootersFactory.com

All content you see and hear on this website including: page headers, images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by ScootersFactory.com. The entire content of this website is copyrighted as collective work under U.S. copyright laws and ScootersFactory.com owns the copyright. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content of this website without the written consent from ScootersFactory.com.

 

Waiver of Liability:

 

The following Waiver of Liability is a legal and biding contract, executed in the county of San Bernadino in the State of California.

 

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 ScootersFactory.com or it's 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 ScootersFactory.com or it's 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 ScootersFactory.com or it's 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 ScootersFactory.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 ScootersFactory.com and it's parent company. ScootersFactory.com and it's parent company will not be liable for the misuse of any products purchased from ScootersFactory.com and it's parent company or any of it's distributors or agents. I, as buyer, have read this waiver of liability, assumption of risk and indemnity agreement, fully understand it's terms, 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 California. During holiday seasons, transit time may be an additional 3-5 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% cancellation 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.

 

Enforcement of Terms & Conditions:

 

By accessing and purchasing any items on our ScootersFactory.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 the State of California, in the jurisdiction of San Bernadino County California, United States of America.