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.
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 Powersport Superstore,
Inc.. The collective work includes works that are licensed to Powersport
Superstore, Inc.. Copyright 2014, Powersport Superstore, Inc. 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 Powersport Superstore, Inc. or purchasing Powersport Superstore,
Inc. 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
Powersport Superstore, Inc. or to purchase Powersport Superstore, Inc.
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 Powersport Superstore, Inc..
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
trademarks, service marks and trade names of Powersport Superstore, Inc.
used in the site are trademarks or registered trademarks of Powersport
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, Powersport Superstore,
Inc. disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Powersport Superstore, Inc.
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. Powersport Superstore, Inc. 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.
Superstore, Inc. shall not be liable for errors by the shipping
company. Powersport Superstore, Inc. shall not be liable for lost,
stolen, or damaged packages during shipping. NOTICE TO CUSTOMERS:
Residential shipments do not require a signature and will be left at
your door or in your mailbox by the shipping company without requiring
customer signature. Powersport Superstore, Inc. shall not be liable for
lost, stolen, or damaged packages after shipping or after being
delivered or marked as delivered by the shipping company.
Limitation of Liability
Superstore, Inc. 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
Powersport Superstore, Inc. 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.
the event that a Powersport Superstore, Inc. product is mistakenly
listed at an incorrect price, Powersport Superstore, Inc. reserves the
right to refuse or cancel any orders placed for product listed at the
incorrect price. Powersport Superstore, Inc. 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, Powersport
Superstore, Inc. shall issue a credit to your credit card account in the
amount of the incorrect price.
Price Match Policy Limitations
Price Match Policy is a courtesy that Powersport Superstore, Inc.
chooses to provide, but the application of this policy is in no way
guaranteed. Powersport Superstore, Inc. reserves the right to refuse to
price match any competing retailer on any website or marketplace for any
or no reason whatsoever. The bottom line is this: Powersport Superstore, Inc. is the decision maker on what we will or will not offer as a price match. Other websites coupons do not calculate in to the possible price match. Whether you pay or do not pay sales tax in Texas vs. another state or on PowersportSuperstore.com vs. competitor website do not count. Whether another website gives a free giveaway or bonus bucks etc. with purchase of an item does not count. Powersport Superstore, Inc. Will decide what it will or will not price match. Price matching does not apply to orders after
they have been made; all price match requests must be made before
orders have been placed. Price Match Policy only applies to
PowersportSuperstore.com and does not apply to any other marketplace
Powersport Superstore, Inc. may sell items to include Ebay or
Amazon.com. If you find the same part at another website, please contact us prior to ordering and we can beat the price plus give you 5% off regular price on your next order. If we cannot beat the price we will give you 10% off regular price on your next order.
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 Powersport Superstore, Inc. 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.
Powersport Superstore, Inc. reserves the right to modify these terms and
conditions at any time without notice.
Superstore, Inc. 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 Powersport Superstore, Inc..
Superstore, Inc. reserves the right to cancel an order at any time
without notification for any or no reason whatsoever. Powersport
Superstore, Inc. reserves the right to refuse business to any customer
or potential customer at our discretion. Your use of this site shall be
governed in all respects by the laws of the state of Texas, 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 Powersport Superstore, Inc. products) shall
be in the state or federal courts located in Williamson County, Texas.
Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of Powersport Superstore,
Inc. products) must be commenced within one (1) year after the claim or
cause of action arises. Powersport Superstore, Inc.'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. Powersport
Superstore, Inc. may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Use of Site
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 Powersport Superstore, Inc. 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.
Superstore, Inc. 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, Powersport
Superstore, Inc. 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, Powersport
Superstore, Inc. 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 Powersport Superstore, Inc.
in its sole discretion.
You agree to
indemnify, defend, and hold harmless Powersport Superstore, Inc., 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
In an attempt to
provide increased value to our visitors, Powersport Superstore, Inc. may
link to sites operated by third parties. However, even if the third
party is affiliated with Powersport Superstore, Inc., Powersport
Superstore, Inc. has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of
Powersport Superstore, Inc.. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
Powersport Superstore, Inc. 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).
Returns and Refused Packages
Returns will not be accepted without a RMA (return authorization number).
Returns due to our error or on products that are defective from the
manufacturer will gladly be returned or exchanged without a restocking
Items may be returned within 30 days of the receipt of the
item. The purchase will be refunded (minus a 10% restocking fee), and
the customer is responsible to pay for shipping back to us and the
original shipping charge will not be refunded.
Items not in their original packaging or in their original condition are not returnable.
Products being returned must be shipped freight pre-paid; no COD's.
(If the return is due to our error or product defect, we will provide
you with a prepaid shipping label.)
Shipments refused by the
customer are subject to a 20% restocking fee. Original shipping and
handling fees are non-refundable.
Shipments we recieve back from
the shipping carrier due to being undeliverable, being incorrectly
addressed, not picked up by the customer at the shipping facility, or
any other similar reason are subject to a 20% restocking fee. Original
shipping and handling fees are non-refundable.
If your order
originally qualified for and was shipped free, shipping charges will be
deducted from the refund amount if the return causes your order total to
drop below the required minimum for free shipping.
be issued to the original payment method used. If the original payment
method is not available, a store credit will be issued.
We do not accept returns on:
Any item that is returned more than 30 days after delivery.
Any item that is not in its original condition, is damaged, used, or is missing parts.
Special order, closeout, or discontinued products.
Any CD, DVD, VHS tape, software, or video game that has been opened (taken out of its plastic wrap).
Products that were originally delivered via e-mail or download.
In addition to the policies above, international product returns
MUST include the following statement clearly written on the return
parcel: CONTENTS - RETURN GOODS OF U.S. ORIGIN
To request a Return Authorization Number:
RMA requests must be made to a LIVE PERSON either via the Live Chat
available at the left of every page on the website during normal
business hours or via the phone at 512-535-5010. Emails sent to the
company regarding RMA requests or Voicemails left will NOT be responded
to. Only a live customer service representative will be able to give
you an RMA number.
Superstore, Inc. will attempt to process orders and ship items as
quickly as possible, but the actual time it may take to process and ship
an item may vary from the estimates stated on the website. For
instance, an order may not ship the same day even though the order was
placed by the shipping cutoff time. By use of this website you agree
and understand that an item may require additional processing time and
not ship out immediately. Powersport Superstore, Inc. will not refund
shipping charges for orders a customer feels have shipped out late;
regardless of the day the order ships, it requires the same shipping
cost to send the order to its destination. We also do not guarantee a
delivery service once an item is shipped. We will not refund an order
because a shipping company took extra time to deliver a package. For
instance, if UPS takes 3 days to deliver a 2nd Day Air package, we will
not refund the second day charge. We may as a courtesy file a claim with
UPS to attempt to recover the shipping costs in such circumstances and
if UPS agrees to refund the shipping costs to us, refund the customer
the shipping. Powersport Superstore, Inc. filing of a claim with the
shipping company requesting a refund of the shipping costs and/or
refunding of those shipping costs to the customer are not guaranteed.
Powersport Superstore, Inc. make every effort for all information and
pricing to be correct, Powersport Superstore, Inc. cannot guarantee that
in all instances descriptive information, pricing, or photos will
always be correct on Amazon.com, Ebay.com, PowersportSuperstore.com or any other marketplace we may sell or list items for sale. If an error in description or pricing
occurs, Powersport Superstore, Inc. may cancel an order prior to
shipment, substitute another equivalent item prior to shipment, issue a
pre-paid return label for the item already shipped for a refund or
exchange at Powersport Superstore, Inc.'s sole discretion.
Pricing and Shipping Changes
Superstore, Inc. reserves the right to change pricing, descriptions,
promotions or any other aspect of our products at any time without
notice. Pricing reflected in catalogs, advertisements, website links
may not reflect current prices and Powersport Superstore, Inc. is under
no obligation to honor said prices. Shipping prices reflected when an
order is placed may not reflect acual shipping cost. Powersport
Superstore, Inc. reserves the right to require more payment for shipping
or for a product when the shipping price given at checkout is
inadequate to ship items to the customer or the price of a product was
misrepresented on the website. Powersport Superstore, Inc. reserves the
right to cancel an order for any or no reason to include refusal of a
customer to pay amount requested for a price or shipping adjustment.
Taxes and Duties for International Shipments
Superstore, Inc. is not responsible for paying any taxes or duties that
the customer's country may charge for incoming shipments. These Taxes,
Duties, or other fees are the responsibility of the customer.
a customer files a fraudulent chargeback against Powersport Superstore,
Inc., we will charge the customer a fee of 100% of the value of the
order or 200$, whichever is less. A fraudulent chargeback is when a
customer makes a claim with their credit card company, paypal,
Amazon.com, etc. indicating that they never ordered, didn't receive, or
otherwise deserve to have their money back. If a customer files a
chargeback that is later determined by the credit card company , Paypal,
or Amazon.com to be false, (i.e. the charge is represented to
Powersport Superstore, Inc., we will charge the card according to the
fee structure indicated to recover the costs of preparing and filing a
case to defend our ourselves from this crime. We will also then report
your crime to the proper law enforcement authorities.
cannot be cancelled after they have been shipped. We will make every
effort to cancel orders before they ship but this cannot always be done.
If a customer places an order, then Powersport Superstore incurs a
cost of processing the order that it cannot recover, Powersport
Superstore, Inc. reserves the right to charge that amount to the
customer before issuing a refund. For instance, if the company special
orders an item that we cannot return to the manufacturer without a
restocking fee and the customer wishes to cancel the order, the customer
will pay the restocking fee by virtue of a reduction of the amount
refunded to them upon order cancellation.
INFORMATION ABOUT FEDERAL AND STATE NOISE AND EMISSIONS LAWS
and state noise and emissions laws regulate modifications that affect
emissions from motor vehicles, including motorcycles. Before purchasing
any emissions-related products for use in California, you should
carefully review the information provided herein as California law
prohibits the installation and use of many aftermarket emissions-related
parts on California highways, and authorizes the recovery of
substantial fines and penalties against those who violate California
emissions laws. Modifications that increase vehicle emissions can be
illegal in certain states in addition to California.
exhaust parts are generally not legal for sale, or use in California,
unless such parts are installed on vehicles that did not come originally
equipped with a catalytic converter OR such parts either have received
Executive Order ("EO") from CARB's Executive Officer or are installed on
racing vehicles which are never used upon California highways. Do not
purchase, sell, install or use any of the exhaust parts for sale by
Powersport Superstore, Inc. in California unless you have determined
that one or more of these conditions apply. End use customers should
check with the manufacturers of their vehicles or CARB to determine
whether such vehicles came originally equipped with catalytic
California law generally prohibits the removal of catalytic converters from motorcycles that are used in California.
In California, it is generally illegal to replace an OEM exhaust
part that contains a catalytic converter with an aftermarket part that
does not contain a catalytic converter.
Aftermarket exhaust parts
intended for installation on non-catalyst equipped motorcycles are
generally presumed to be legal for sale, installation and use in
Aftermarket slip-on mufflers that do not contain
catalytic converters are generally legal for use in California unless
the muffler being replaced contained a catalyst.
exhaust parts that contain catalytic converters are generally illegal
for sale, installation and use unless they have been exempted and
certified by CARB's Executive Officer. Lists of exempted products are
available on CARB's website and can be accessed via the hyperlinks
California's air pollution control requirements
do not generally apply to "racing vehicles," which are used in closed
course competitions and are never used on California highways.
"Add-on" and "Modified" Parts
emissions laws prohibit the installation, sale, advertising, and on-
and off-highway use of any "add-on" or "modified" emissions-related part
(e.g., exhaust parts or systems) on any pollutioncontrolled vehicle
unless either (a) the part has received an exemption from the Executive
Officer ("EO") of the California Air Resources Board ("CARB") or (b) the
part is installed on a racing vehicle which is never used upon a
highway. See California Vehicle Code §§ 27156 and 38391; see also 13 CCR
§§ 2220-2225 ("aftermarket parts" regulations). An "emissions-related
part" is defined to mean "any automotive part, which affects any
regulated emissions from a motor vehicle which is subject to California
or federal emissions standards." 13 CCR § 1900(3). A "modified part" is
defined to mean "any aftermarket part intended to replace an original
equipment emissions-related part and which is not functionally identical
to the original equipment part in all respects which in any way affect
emissions, excluding a consolidated part." 13 CCR § 1900(b)(14). An
"add-on" part is defined to mean "any aftermarket part which is not a
modified part or a replacement part." A "racing vehicle" is defined to
mean "a competition vehicle not used on public highways." California
Health & Safety Code § 43001.
A "replacement part" is defined
to mean "any aftermarket part intended to replace an original equipment
emission-related part and which is functionally identical to the
original equipment part in all respects which in any way affect
emissions." 13 CCR § 1900(b)(20). Replacement parts are presumed to be
legal for use on pollution controlled vehicles and do not require CARB
exemptions. See 13 CCR § 2221; see also CARB's "Replacement Parts
Guidelines – Aftermarket, Performance and Add-On Parts Regulations."
INFORMATION ABOUT FEDERAL AND STATE NOISE AND EMISSIONS LAWS
California, exhaust systems (headers or mufflers) intended for
installation on non-catalyst equipped motorcycles are considered by CARB
to be "replacement parts" and comply with emissions regulations
enforced by CARB, provided that all emission controls originally
connected to the exhaust manifold are reconnected to the exhaust system
and are functioning properly. Similarly, "slip-on" mufflers are
generally legal for use in California as "replacement parts" unless the
muffler being replaced contained a catalyst. Before purchasing any
exhaust products for sale by Powersport Superstore, Inc. check with the
vehicle manufacturer to determine whether the vehicle came originally
equipped with a catalytic converter. Before purchasing any slip-on
muffler products for sale by Powersport Superstore, Inc. check with the
vehicle manufacturer to determine whether the OEM muffler contains a
CARB Executive Orders
The manufacturers of
aftermarket "add-on" and "modified" parts are responsible for obtaining
exemptions from CARB. Any "add-on" or "modified" emissions-related parts
for sale by Powersport Superstore, Inc. that are subject to noise or
emissions laws may or may not have been evaluated and/or exempted by
CARB or other applicable enforcement agencies. For a list of CARB
Executive Orders by device (except for catalytic converters), see
http://www.arb.ca.gov/msprog/aftermkt/devices/amquery.php. For a list of
CARB-exempted aftermarket critical emission control parts for highway
also CARB's webpage on "Motorcycle Aftermarket Parts."
a retailer, Powersport Superstore, Inc. makes no representation or
warranty with respect to whether the items are legal for sale,
installation or on-highway use in California or in any other state.
Customers that purchase, install, and use the emissions-related products
for sale by Powersport Superstore, Inc. must comply with all applicable
laws. When purchasing, installing and using add-on or modified
aftermarket parts, the purchaser is responsible for ensuring that such
parts are "replacement parts," have received CARB exemptions or will be
installed on racing vehicles which are never used upon California
highways. Consult with the manufacturer as to any such exemptions before
purchasing any add-on or modified emissions-related parts for use in
California or elsewhere. For additional information about the sale and
use of aftermarket exhaust systems in California, see the Motorcycle
Industry Council's responses to "Frequently Asked Questions about
Aftermarket Exhaust Systems for Motorcycles and ATVs in California.