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Terms and conditions

We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.

Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.

Terms & Conditions

Listed here under are the Terms and Conditions that govern your use of this website and dealing with Variety Powersports (VPS), a brand name of Sound Solutions LLC., and any customer who visits our website or makes a purchase (online or offline) are subject to these terms and conditions. Please read them carefully and understand that use of this website constitutes your agreement to be bound by these Terms and Conditions.

Copyright and Trademarks

All web copy, videos, images, text and graphics on this website are protected by copyright law and are the intellectual property of VPS. You may not reproduce any of the images, text or graphics contained within this website for any purpose whatsoever without express written permission. All rights are reserved. Permission to use information contained on this website is restricted and limited to what is necessary for you to determine your interest in the products displayed and to assist you with your decision to purchase a product on this website. If any of our information including images, videos, web copy and shopping software etc. is taken without written permission you will be in direct violation of our trademarks and will be prosecuted to the full extent of the law.

Privacy Policy

We recognize that you may be concerned about the collection, use and disclosure of personal information you are asked to divulge when purchasing from or browsing this website. In order to provide you with a better service, we may ask for personal details such as your name, address, telephone number or email address. Privacy law requires us to collect personal information about you only from you if it is reasonable and practical to do so. Personal information is protected from unauthorized access, loss, misuse, disclosure or alteration. Sensitive payment information such as credit card details are not stored on the internet, but is immediately encrypted and directed to a third party payment gateway. Generally, you have no obligation to provide any information requested by us. If you choose to withhold requested information however, we may not be able to provide you with the goods and services that depend on the collection of that information, particularly if the collection of that information is required by law.

Variety Powersports may use the information you provide for the purpose of email marketing. This information will assist us with providing a better service to you and keeping you informed of new items and future promotions. You may opt out of this service by unsubscribing to receive marketing emails by contacting us.

Your information will not be disclosed in any way outside of the primary functions of VPS operations and will not be sold or distributed, unless:

  • It is required by law.
  • Records indicate that an individual may be engaged in illegal behaviour such as but not limited to, fraud.

Occasionally, Variety Powersports may be required to update our privacy policy. All updates will be notified by an updated version of our Privacy Policy published on our website.

Cookies are small text files that store information on your computer. The information is set by the website you are accessing and can only be accessed by the website that sets it. A password request page encrypted with an SSL certificate protects access to past baskets and orders. If you are concerned about your privacy, delete the cookie file after using the website (see the help information associated with your internet browser).

Security

Our website uses Secure Sockets Layering (SSL) with 512bit encryption.

Credit Card Charge-backs

By purchasing a vehicle or product from VPS, once that vehicle or product has shipped you agree that you waive your right to chargeback your credit card under any circumstance and will handle any and all issues in accordance with all our policies. The chargeback process is expensive and time consuming for the merchant and issues can be resolved in an efficient matter by allowing our team to work with you. The first step is always to contact us.

Item Colors

We offer you multiple color choices when ordering, and you are encouraged to make a note of a second color preference in case your first option is out of stock. If both of your color choices are out of stock, you will be contacted by a member of our team to discuss further options.

Year of Manufacture

Foreign vehicle identification numbers (VIN) may be one or two years behind the US calendar. If the VIN year is a mandatory part of your purchasing decision, you must notify our team before you purchase the unit for clarification and so we may service your needs. VPS will not issue refunds or accept returns for item(s) due to year of manufacture.

Changes and Inaccuracies

VPS constantly makes improvements to our website and we are always striving to get the most accurate product and vehicle information including item details, price and images. Sometimes we do get inaccurate information from manufacturers. If you are buying something on our website and are concerned the description could be inaccurate, please contact us before making your purchase. Prices are subject to change. Once your order is placed, there are no refunds or reimbursements if prices do change after you have placed your order. VPS is not responsible for typographical, technical or descriptive errors. We reserve the right to cancel any order for any reason, including errors in pricing.

State Laws on Motor Vehicles

Please check your states laws regarding vehicle emission regulations prior to making a purchase from VPS to ensure your vehicle complies with state laws. This is your responsibility.

Vehicle Registration (Non Texas Registrants)

Any on- road motor vehicle must be tagged, titled, and registered. Please refer to you state laws for compliance and procedures. Where an MCO is required for on-road registration, VPS will supply you with an MCO.

Vehicle Registration (Texas Registrants)

Any on- road motor vehicle must be tagged, titled, and registered legally in the state of Texas and must be registered through VPS in Texas. ($150 registration fee applies)

As of March 1st 2015 all street legal vehicles require a duel stage registration process. This requires that the vehicle you purchase be inspected by a state licensed vehicle inspection facility prior to department of transportation registration. This inspection is at the purchaser’s expense. Please contact your local DMV for more information.

Texas Registration / Title Instructions:

  1. Have your unit assembled.
  2. Have your unit inspected by a Texas licensed Inspection Facility.
  3. Fill out the MCO request form on our website.
  4. We will send you a registration pack with instructions.
  5. Send your pack to VPS with a copy of the inspection report.
  6. We will then send your License Plates.

Vehicle and Parts Manufacturer Warranty

The first thing that our customers should do is examine the crate/ package that the vehicle was shipped in and notate any and all damage upon delivery and mark it on their delivery receipt that is signed and given back to the delivery driver (this assists us in fighting for you and filing a damage claim with the shipping company). Take pictures! Our vehicles ship out in fantastic condition and most damage is the result of the shipping company. All vehicles sold on our website are covered by a 3 month manufacturer parts warranty that will be facilitated through VPS. Warranty coverage terms vary by manufacturer, please contact us at support@varietypowersports.com for more details. In addition, VPS offers a free 1 year warranty on the engine. Any external (non VPS authorized) repair labor costs, down time, towing or shipping charges are not covered under warranty. It is the buyer’s responsibility to have their purchased vehicle examined by a professional mechanic when diagnosing any issues with the vehicle, PLEASE  KEEP ALL SERVICE RECIEPTS and provide them as proof for what parts are necessary for us to send. Warranty exclusions include:

  • Wheels (tires and rims)
  • Clutches
  • Lubricants
  • Gaskets
  • Unauthorized and/or unlicensed repair/assembly
  • Standard wear and tear on parts including (but not limited to): Batteries, Body Parts, Brakes, Spark Plugs, Throttle grips, Hoses, Fuel lines, Brake lines, Filters, Brake & Clutch, Levers, Light bulbs, Seats & upholstery
  • Damage due to negligence of proper care and maintenance

Warranty is void in the following circumstances:

  • Extreme riding, racing or competition ridings
  • Vandalism or thefts
  • Fires
  • Accident; at fault or not at faults

VPS Extended Warranty

Extended warranty will work the same as Manufacturer Warranty and will apply from date of delivery and end at the end of the extended warranty period provided. The extended warranty will cover the engine and parts with the following exclusions:

  • Wheels (tires and rims)
  • Clutches
  • Lubricants
  • Gaskets
  • Unauthorized and/or unlicensed repair/assembly
  • Standard wear and tear on parts including (but not limited to): Batteries, Body Parts, Brakes, Spark Plugs, Throttle grips, Hoses, Fuel lines, Brake lines, Filters, Brake & Clutch, Levers, Light bulbs, Seats & upholstery

Warranty is void in the following circumstances:

  • Extreme riding, racing or competition riding
  • Vandalism or theft
  • Fire
  • Accident; at fault or not at fault Any external (non VPS authorized) repair labor costs, down time, towing or shipping charges are not covered under warranty.

Shipping Policy

By purchasing with Variety Powersports, you agree to all shipping policies and procedures. Please see our shipping policies and information by following this link located on the home page:

 

Returns/Refunds/Cancellations

By purchasing with Variety Powersports, you agree to all return/refund/cancellation/ warranty policies and procedures. Please see our return/refund/cancellation/ warranty policies and information by following this link located on the home page:

Waiver of Liability

By purchasing any items on this website, you acknowledge and agree to be above 18 years of age. You acknowledge and understand that riding any vehicle purchased from VPS can be a dangerous activity that requires a level of skill. You understand that these activities can result in serious injury to the person as well as damages to property. You voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles sold on our website. You agree to release and forever discharge VPS or its parent company 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 VPS or its parent company 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 your intention as the buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from VPS 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 heirs, agents, personal representatives and assigns. You have carefully read and acknowledge that you understand and agree to all the Terms and Conditions. You have had the opportunity to ask any and all questions regarding this Agreement and the affect of the same. You are aware that by purchasing an item and sending/remitting payment for the item, you assume all risk, and waive and release certain substantial rights that you may have or possess. You therefore release all liability and waive all rights in regards to activities with any items purchased from VPS.

Breach of Contract

The terms and conditions here serve as a final and binding agreement between Motor Depot Inc. and you, the user/buyer. In the event of a breach of this contract, initiated by you, you agree to pay any costs associated with collection of payment due or removal from any Public Communication medium, any harassing, abusive, defamatory, threatening, hateful or offensive statements about, obscene or indecent language about, or images or other materials that violate the law regarding VPS, its products or its employees caused by you; including but not limited to: collection fees, attorney costs, court costs and any associated costs.

As Variety Powersports is principally owned and located in Dallas, Dallas County, Texas, legal venue will be enforced within the boundary lines of Dallas County, Texas.

 

Additional Terms:

You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.  varietypowersports.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and  varietypowersports.com has no obligation to investigate the source of any such access or use of the Site.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by  varietypowersports.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify  varietypowersports.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

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