PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING BOWSER’S
MOTOR SPORTS (this "Site").
When you place an order over the Internet, email, phone, or any other means, you are entering into a binding
contract with www.bowsersmarket.com/Motor_Sports.html
By accessing or using this Site, you agree to these terms of use, policies, conditions and all applicable laws. If you
do not agree to these terms you may not use this Site. Your continued use of this web site or purchasing via our
website constitutes acceptance of the terms and conditions, shipping polices, warranty policy, and all other policies
stated at the time of your use. You are responsible for regularly reviewing these terms and conditions.
You should visit this page prior to using this web site to determine the current terms and conditions to which you
are bound.
MODIFICATION OF THESE TERMS OF USE
Bowser’s Motor Sports reserves the right to change the terms, conditions, and notices under which the www.
bowsersmarket.com/Motor_Sports.html Sites are offered, including but not limited to the charges associated with
the use of the Bowser’s Motor Sports Web Sites.
Inaccuracies, Product Variations, and Changes
Bowser’s Motor Sports makes every attempt to accurately list all product information on our website classified &
auction listings. It is possible, however, that unforeseen typographical errors, picture errors, or inaccurate
information 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 information pertaining to orders that have already
been placed. We apologize for any inconvenience caused by any such errors.
Bowser’s Motor Sports carries a wide range of products from various manufacturers, and each shipment may vary
slightly. Actual models shipped may have different manufacturer name, decals, stickers, or model numbers from
the website, auction listing, in-store display, or salesperson description; however, the product model number and
specifications will be similar or the same.
Bowser’s Motor Sports reserves the right to upgrade any order if the product ordered is out of stock at the time of
shipping. The term "upgrade" means that our supplier will ship a more expensive model, with the same or similar
features, at their discretion. If the customer chooses to keep the upgraded model there will be no additional
charge. If the customer does not want the upgraded model, Bowser’s Motor Sports must be contacted
immediately at the time of delivery for a refund. Once the box is opened or the unit is taken out of the crate, the
unit cannot be returned.
BOWSER’S MOTOR SPORTS MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS
WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT www.bowsersmarket.
com/Motor_Sports.html SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF,
OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE
CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF BOWSER’S MOTOR
SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES
FOR NEGLIGENCE OR GROSS NEGLIGENCE.
Color of Units
When an order is placed, we require the customer to provide two color choices. We are able to ship out most units
with the first color choice; however, due to fluctuations in our inventory, occasionally a color may not be in stock at
the time of shipment. If the customer's first color choice is unavailable, we will ship the unit with the second color
choice. The order is considered to be correct when filled with either the first color choice or second color choice. If
a customer chooses only one color for a unit when placing an order, our system will automatically choose a second
color based on our current stock. Color choices are not guaranteed Bowser’s Motor Sports reserves the right to
ship another color if none of your color choices are available at the time of order processing.
Assembly
Some assembly is required on most units sold by Bowser’s Motor Sports. Each unit is unique and has 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 units can usually be
assembled within 30 minutes to 3 hours, depending on the type of unit. Although assembly of our units may be
simple, we highly recommend you have a certified automotive or motorcycle technician complete your assembly to
assure that your vehicle is properly assembled and safe to ride. Certain units may not include detailed assembly
instructions or manuals.
Cancellation Policy
Bowser’s Motor Sports processes all orders immediately and has them sent to our warehouse for shipping. Once
your order has been processed and you wish to cancel, you will be charged a cancellation fee $75.00 plus 20% of
the cost of your order. If your order has been processed and shipped and you wish to cancel, you will be charged
a cancellation fee of $75.00 & 20% of the cost of your order, plus all shipping costs incurred for Bowser’s Motor
Sports to ship the unit to you (even for a unit offered with free shipping), and all shipping costs to return the unit to
Bowser’s Motor Sports warehouse.
All cancellations must be sent in writing or via e-mail. Please contact your salesperson for the correct e-mail
address for submitting cancellation requests. Orders cannot be cancelled over the phone, but you may contact
your salesperson by phone to confirm that your written cancellation request has been received.
Orders may not be cancelled or refused due to extended shipping times. Orders may only be cancelled if the order
exceeds 30 business days for transit.
Please note that when you place an order over the Internet or on the phone, you are entering into a binding
contract.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the http://www.bowsersmarket.com/Motor_Sports.html site is for your personal and
noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products or services obtained from www.
bowsersmarket.com/Motor_Sports.html.
Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in this web site, in sponsor advertisements or in other information
presented to you ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws.
www.bowsersmarket.com/Motor_Sports.html gives you permission to electronically copy and print portions of the
web site for your personal use. However, www.bowsersmarket.com/Motor_Sports.html retains the copyright on all
such materials. You understand and agree that you are permitted only to use this Content as expressly authorized
by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without
www.bowsersmarket.com/Motor_Sports.html prior, express authorization.
Links
www.bowsersmarket.com/Motor_Sports.html prohibits the use of www.bowsersmarket.com/Motor_Sports.html
trademarks as a "link" on or from any other web site unless www.bowsersmarket.com/Motor_Sports.html has
approved the link in advance.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless www.bowsersmarket.com/Motor_Sports.
html, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment,
losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses)
incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this
Agreement or in connection with your use of this web site or any product or service related thereto.
Disclaimer of Warranties
www.bowsersmarket.com/Motor_Sports.html makes no warranty that this web site will meet your requirements or
that it will be uninterrupted, timely, secure or error free; nor does www.bowsersmarket.com/Motor_Sports.html make
any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability
of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, www.bowsersmarket.com/Motor_Sports.html PROVIDES THIS SITE
CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE
FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO
EVENT SHALL www.bowsersmarket.com/Motor_Sports.html OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE
CONTENT, EVEN IF www.bowsersmarket.com/Motor_Sports.html HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent
breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in
full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved