Terms
& Conditions:
Introduction:
Please read this web page carefully. It contains the
Terms and Conditions governing your access to and use
of the AllNewSports.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 January
1st, 2007.
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 AllNewSports.com) form a binding
agreement (the "Agreement") between you and
AllNewSports.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 AllNewSports.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,
AllNewSports.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. "AllNewSports.com,"
the All New Sports design logo and certain other names
or logos are service marks or trademarks of AllNewSports.com,
and all related product and service names, design marks
and slogans are the service marks or trademarks of AllNewSports.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 AllNewSports.com trademarks, service
marks and copyrights. All other product and service
marks contained on the Site are the trademarks of their
respective owners.
Color:
AllNewSports.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 manufacturer'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. Many pictures
on our site are use for display purposes only and may
not be a current or updated picture. Accssories shown
in the pictures may not be included. Please read the
item specification and features. 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, an automatic 2nd color
choice will be added based on your first color choice
and inventory. Color Choices are not guarantee and we
reserve the right to ship another color other than your
choice color if it is not available at the time of shipping.
Changes, Errors & Inaccuracies:
AllNewSports.com reserves the right to update or modify
these Terms & Conditions at any time without prior
notice. Improvements to products may result in unannounced
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.
Due to our high sales volume, Allnewsports.com has multiple
manufacturer that supplies our products; therefore actual
model shipped may have different manufacturer name,
decals, stickers or model number however product model
and specifications will be similar or the same. For
California residents, the (CARB) California Air Resource
Board will required that the vehicle be CARB approved
to meet California's emission standards, therefore we
would send the customer the similar vehicle in the Tank
model instead of the Roketa model since TANK scooters
are CARB approved. Lastly, Allnewsports.com reserves
the right to upgrade any order if the product you order
is out of stock at the time of shipping. Upgrade means
that our supplier will ship out a more expensive model
with same or similar features at their discretion. If
customer choose to keep the upgraded model there will
be no additional charge. If customer does not want the
upgraded model then they need to contact us immediately
for a refund. We have to be notified at the time of
delivery. Once customer opens the box or uncrated the
scooter then they can no longer return it.
Assembly:
All vehicles require some 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.
Although assembly are may be simple, we require you
have a certified automotive or motorcycle technician
complete your assembly to assure that your vehicle is
properly assembled and safe to ride. Certain vehicles
may not include detailed assembly instructions or manuals.
Cancellation
Policy:
All orders are processed within 24 business
hours. Cancellations are NOT accepted unless we have
not processed your order.. Please be sure that when
you place an order over the internet or over the phone
that you understand it is a binding contract. We process
all orders almost immediately so that we can send it
to our warehouse for shipping. If your order has been
processed, credit card been charged and you wish to
cancel, you will be charged a 20% cancellation fee.
If your order has already shipped and you wish to cancel
you will be charged for the original shipping charge
(even if item has free shipping) and return shipping
charge. All cancellation must be emailed to us in writing
or fax to us. We will not cancel an order over the phone.
You may call us to confirm we received your fax or email
cancellation request.
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 AllNewSports.com shall remain exclusive property
of AllNewSports.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:
AllNewSports.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:
dba:
AllNewSports.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 AllNewSports.com. The entire
content of this website is copyrighted as collective
work under U.S. copyright laws and AllNewSports.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 AllNewSports.com.
Waiver
of Liability:
The following Waiver of Liability is a legal and biding
contract, executed in the county of Sedgwick in the
State of Kansas.
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
AllNewSports.com and their agents, servants, employees,
officers, directors, trustees and all other persons
or entities acting on their behalf and the manufacturer
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 AllNewSports.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 AllNewSports.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 AllNewSports.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 AllNewSports.com and it’s parent company.
AllNewSports.com will not be liable for the misuse of
any products purchased from AllNewSports.com 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 usually shipped
within 24 business hours from the date of purchase.
We will email you your tracking number as soon we get
it from our shipping warehouse. We use a third party
LTL transportation company to delivery your order. We
also ship from variouse warehouses depending on the
model you ordered. Transit time may take, but not limited
from 3-30 business days depending on how far you are
from our warehouse and the freight company's shipping
schedules.. 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 30 business days. If you
refuse to accept a delivery for a shipment, you agree
to pay all shipping costs including the original shipping
cost and return shipping. For our refund policy please
refer to our Money Back Guarantee Policy.
Enforcement
of Terms & Conditions:
By accessing and purchasing any items on our AllNewSports.com
website, you
acknowledge that you have read and understand our terms
& conditions, store policies, disclaimer, and warranty
and agree to these as the terms of sale. |