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1. ORDERS AND SHIPPING
1.1 Payment methods:
PHONE & INTERNET ORDERS. We accept Visa, MasterCard, and Discover over the phone and internet. Bank debit cards with Visa or MC logos are also accepted. For your security, if your card's billing address is different from the shipping address, we may need additional verification before processing your order.
MAIL ORDERS. To pay by check or money order, please select "Check or Money Order" as your payment method. You will be provided with an order number. Please write the order number provided in the "memo" field of the check and mail to:
USA POCKET BIKES
PO Box 947
AZUSA, CA 91702
Please make checks payable to: USA POCKET BIKES.
All checks must be in USD denominations. Orders paid for by money orders or cashier's checks will be processed within 1 to 2 business days. Personal check payments will be held for ten (10) business days for fund verification. Any checks with payable amounts larger than the order total will not be honored and returned to sender.
1.2 Alternate color selections: Some of our products require that you specify a secondary color choice in case your primary color choice is not available. If you specify an alternate color, and your primary color selection is not in stock at the time the order is processed, we will send you your secondary color choice. You may choose the same color for your secondary choice as your primary choice. If you do so, and the color is not available, a customer service representative will contact you within 24 hours to give you the option of choosing a different color or canceling your order to receive a full refund.
1.3 Phone number provision: We request that you provide your valid phone number where you can be reached for all orders. This provision is in place to facilitate delivery of merchandise, in case the shipment carrier needs to reach you to schedule delivery or verify the delivery address. If the aggregate weight of your order exceeds 150 lbs, or if your sales agent has indicated that your order will be shipped via a freight company, a valid phone number is required for delivery. If the number you provide is incorrect, disconnected, always busy during regular business hours, or in other ways unreachable, the freight company will not be able to schedule a delivery appointment, and will not deliver the merchandise to you. If this occurs, you agree to be liable for any storage fees, and, in the case of product return to us due to non-delivery, shipping costs both to and from you. In some instances, these costs may be higher than our advertised promotional shipping costs. Upon request, we will provide you with proof of our incurred shipping costs on the canceled merchandise.
1.3 Time to delivery: All successfully placed phone and internet credit card orders are usually shipped within 24-48 business hours. Your card will be authorized at the time you place your order, and charged at the time your order is shipped and tracking number is generated. Typical transit times are 2-5 business days for FedEx ground and 3-6 business days for continental freight (packages weighing over 150 lbs). During holiday seasons, transit time may be an additional 3-5 business days. You may not cancel or refuse your order due to reasonably extended transit schedules.
1.4 Cancelations: We begin processing your order as soon as it is received. If your order has not yet shipped, you reserve the right to cancel your order and receive a complete refund. You may cancel your order by calling our Toll-Free telephone number Monday thru Friday, 9 PM to 5 PM PST. We cannot guarantee timely cancelation of your order if you email your request.
If your order has already shipped, and you wish to cancel before receipt it for any reason, you agree to be responsible for actual shipping costs of the product to you and back to us. In some instances, these costs may be higher than our advertised promotional shipping costs. Upon request, we will provide you with proof of our incurred shipping costs on the canceled merchandise.
If you refuse delivery of your order for any reason other than shipping damage, incorrect merchandise received, or breach of contract, you also agree to be responsible for actual shipping costs of the product to you and back to us.
1.5 Shipping damage: While rare, shipping damage may occur. All of our products are sent fully insured regardless of what shipping method you choose. You must notify us via email, phone call, or fax of observed shipping damage within five (5) calendar days of item receipt. If you fail to do so, you may forfeit your rights to replacement parts or entire product, at the discretion of the seller.
If you accepted delivery of the damaged product (e.g. signed for it, regardless of whether you noted damage on the waybill or not), and if damage on your product is deemed minimal (e.g., scratched or cracked body panels, cracked windshield or lights), or if certain parts are missing from the package, we will send you replacement parts to restore your product to its original condition at zero cost to you. You agree to not hold us liable for replacing the entire unit, and agree to parts replacement as a Fair and Adequate compensation for the damage. If the damage involves structural damage to the product (e.g. bent or cracked metal frame), we will arrange for product pick-up and exchange for a new or refurbished product of same model at no cost to you. We may, however, at our discretion refer you to a local automotive repair facility to inspect and repair your unit instead of exchange. Until you receive a satisfactory remedy for your damage, do not discard of any shipping materials (eg. Box, crate, packing cushions). If you do not intend to keep the product, do not assemble, put gas in, or in any other way use the product. Failure to do so may void your right to claim at seller?s discretion.
If you refused delivery on your product due to visible damage, we will re-send a a brand new product to you at zero cost to you upon return receipt of the damaged merchandise. You agree that the wait time to receive a replacement product may take around 30 days, allowing for transit back to the seller?s facility, inspection, and re-shipment of the new product. You agree not to cancel your order with the seller, not to hold the seller responsible for expedited shipping, nor request any other form or reimbursement unless we are unable to deliver a replacement product to you within 30 calendar days of original damaged item receipt.
In cases of shipping damage, you agree to cooperate with us and/or the shipping carrier to reach a resolution. This may include, but is not limited to, having the damaged merchandise available for carrier pickup or inspection, filling out a claim form, and/or providing photos of damage. You agree that it may take up to 30 days complete your claim process, and that your claim may be denied if you do not have the merchandise available inspection by carrier. You agree not to hold the seller monetarily responsible in the case that the shipping carrier denies the damage claim regardless of ground for denial.
2. WARRANTY
2.1 Manufacturer Warranty: Many of the products we carry have a manufacturer warranty of one (1) year from time of purchase. Detailed information and guidelines for this warranty are included with the product. It is your responsibility to contact the manufacturer should you choose to exercise the manufacturer warranty.
2.2 USA POWERSPORTS Warranty: In addition to the Manufacturer Warranty, all of our products come with a Limited 30 Day Warranty from us. This warranty covers the entire product against any mechanical or structural defects that inhibit its usability with the exception of tires, inner tubes and batteries. In order to exercise our Warranty, you must contact us within 30 calendar days of item receipt.
3. RETURNS AND EXCHANGES
3.1 Returns and refunds: Returns not associated shipping damage or defects (see warranty) may be requested within 30 days of item receipt. The item must be unused (e.g. not assembled, no gas put into the tank) and must be in original packaging with all originally included accessories and paperwork. You are responsible for arranging return shipping and paying all applicable costs. Upon product receipt and inspection, you will be refunded the purchase price of the product less actual shipping costs incurred in shipping the product to you. In some instances, these costs may be higher than our advertised promotional shipping costs. Upon request, we will provide you with proof of our incurred shipping costs on the canceled merchandise.
3.2 Exchanges: If for any reason, other than shipping damage, incorrect merchandise received, or breach of contract, you wish to exchange a product for a different product that we carry, you may do so within 30 days of item receipt. The item must be unused (e.g. not assembled, no gas put into the tank) and must be in original packaging with all originally included accessories and paperwork. You are responsible for arranging return shipping and paying all applicable costs. Upon product receipt and inspection, a customer service representative will contact you to arrange payment or refund associated with the exchage. You will be credited the purchase price of the product less actual shipping costs incurred in shipping the product to you. In some instances, these costs may be higher than our advertised promotional shipping costs. Upon request, we will provide you with proof of our incurred shipping costs on the canceled merchandise. The exchanged product must be sent to the same address as the original order.
3.3 All Sales are Final
Because shipping costs on our products are expensive and non-refundable by the carriers, we stipulate the "all sales are final" clause unless otherwise noted. All items are brand new sealed in manufacturer's packaging. Every item purchased carries a 30 day limited warranty that provides for the replacement of defective parts, up to the replacement of the entire unit, at seller's expense and discretion. The item may not be returned due to customer's negligence to read the product description, dimensions, or intended use. The item is sold as a "hobby vehicle", and as such, there may be unforeseen issues that require the expertise and knowledge of a trained professional. These issues include, but are not limited to: electrical connections that have become disconnected in shipping, 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 or adjustment, they can be a nuisance and very difficult to troubleshoot without the proper knowledge.
THIS LIMITS OUR LIABILITY, PLEASE READ IT:
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 acknowledge and understand that riding an all-terrain-vehicle (atv), dirt bike, go kart, motorcycle, moped, or gas scooter 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 am aware of the risks, hazards and dangers of personal injury, disability, or death inherent with the specific use of these vehicles as well as an increase in risks, hazards and dangers of personal injury and disability with inexperienced riders. I, as buyer, agree to release and forever discharge www.USAPocketBikes.com or it's parent company and their agents, employees, officers, trustees and all other persons or entities acting on their behalf from any and all claims, actions, damages, liabilities, costs or expenses and attorney fees which are related to, arise out of, or are in any way connected to the use of these vehicles, use of equipment or property supplied by USA-Pocket-Bikes.com or its parent company, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the seller, manufacturer 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 www.USAPocketBikes.com or its parent company and their agents, employees, officers, directors, and all other persons or entities acting on their behalf. This Agreement shall be effective and binding upon my heirs, agents, personal representatives and assignees. I 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. I am aware that by purchasing the item(s) 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 www.USAPocketBikes.com.
