Terms and Conditions
In using this website you are deemed to have read and agreed to the following Terms and Conditions. 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 Pedal Motion LLC. The collective work includes works that are licensed to Pedal Motion LLC. Copyright 2010, Pedal Motion LLC 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 Pedal Motion LLC or purchasing Pedal Motion LLC 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 Pedal Motion LLC or to purchase Pedal Motion LLC 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 Pedal Motion LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Pedal Motion LLC used in the site are trademarks or registered trademarks of Pedal Motion LLC.
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, Pedal Motion LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pedal Motion LLC 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. Pedal Motion LLC 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.
Limitation of Liability
Pedal Motion LLC 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 Pedal Motion LLC 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.
In the event that a Pedal Motion LLC product is mistakenly listed at an incorrect price, Pedal Motion LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pedal Motion LLC 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, Pedal Motion LLC shall issue a credit to your credit card account in the amount of the incorrect price.
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 Pedal Motion LLC 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.
Pedal Motion LLC 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 Pedal Motion LLC.
Your use of this site shall be governed in all respects by the laws of the state of Michigan, 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 Pedal Motion LLC products) shall be in the state or federal courts located in Washtenaw County, Michigan. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pedal Motion LLC products) must be commenced within one (1) year after the claim or cause of action arises. Pedal Motion LLC'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. Pedal Motion LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment 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 Pedal Motion LLC 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.
Pedal Motion LLC 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, Pedal Motion LLC 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, Pedal Motion LLC 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 Pedal Motion LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Pedal Motion LLC, 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 Internet account.
In an attempt to provide increased value to our visitors, Pedal Motion LLC may link to sites operated by third parties. However, even if the third party is affiliated with Pedal Motion LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pedal Motion LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pedal Motion LLC 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).
We offer free standard ground shipping within the continental United States on almost everything in our store. Our used pedal go karts do not come with free shipping. If you want your item shipped to Hawaii, Alaska or Canada please contact us by phone at 734-585-5261 or by email firstname.lastname@example.org for a shipping quote. We do not currently offer International Shipping.
Most full size BERG Pedal Go-Karts and Trailers are considered oversized items and most are quite heavy. Therefore, we utilize freight shipping methods. Freight deliveries for oversized items may take a little longer. However, it has been proven to be the most secure and reliable method and will reduce the likelihood of damage during shipping. Freight deliveries to residential locations will typically include liftgate service. This means the freight carrier will bring the product from trailer to the street or curbside only. You will need to make arrangements to bring your item from curb to your house. The freight company will contact you by phone call prior to delivery to arrange a convenient time for delivery. Any additional services such as inside delivery, re-delivery and warehousing/storage fees which are charged by the shipping company, will be the sole responsibility of the customer. Pedal Motion, LLC will not accept responsibility for any additional freight service charges requested by the customer.
We pay the shipping cost! Pedal Motion, LLC will provide free standard ground shipping on most everything we sell on our website. We do not offer free shipping on the BERG Commercial/Professional product line. Please contact us at 734-585-5261 or email@example.com for assistance with shipping costs.
Return, Refund and Cancellation Policy:
Returns will be accepted only on damaged merchandise or manufacturing defects (as determined by Manufacturer). All other returns will be decided on a case by case basis. We will work with our customers as much as reasonably possible.
WE PROVIDE FREE STANDARD GROUND SHIPPING ON MOST LEISURE PEDAL GO-KARTS AND ACCESSORIES. Should you wish to return your order, the cost of shipping your item/s to you will be deducted from your refund total. The freight cost for shipping a full size kart is expensive. The shipping cost is not free if you choose to return your order.
Customers must contact Pedal Motion, LLC immediately firstname.lastname@example.org or 734-585-5261 before returning a product in order to obtain an authorization number and ship-to address/instructions.
A Pedal Motion, LLC initiated RA# (Return Authorization Number) is required before a return can be accepted.
Returns must be in the original packaging, having not been assembled, used, or played with and must be in "like new" condition suitable for resale.
Returns will be replaced or repaired at discretion of Manufacturer. Replacement will ONLY be for the same model.
If the product has not shipped a canceled order will be credited in the full amount minus a 7 % processing fee for order cancellation.
An order cancelled while product is in transit will be subject to a restocking fee, the cost of the original shipping fees, plus the cost of the return shipping fees. Non-defective returns are subject to a 20% restocking fee. The original freight charges will not be refunded.
Any refused/non-deliverable shipments will be subject to the original shipping costs, the shipping costs associated with the return shipment and a 20% restocking fee. Once we receive the returned merchandise and inspect the item(s), a product refund will be issued within 10 business days, less the 20% restocking fee, original shipping fee and return shipping fee. Shipping charges are never refundable. If original payment was made with a charge card, a credit will be posted to the same card. Purchases made by check will be refunded by check.
Unless the product was damaged upon receipt, all returns must be shipped prepaid freight. This means that customer is responsible for shipping the item back to the address supplied when the return was approved and for paying for said shipping.
Customer is solely responsible for shipping any returned product to Pedal Motion, LLC or its designated wholesaler warehouses. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing or damaged, Pedal Motion, LLC Return Procedure will be breached and Pedal Motion, LLC may in its sole and absolute discretion reject the entire return or choose to impose necessary charges against the customer for replacement of the missing or damaged component(s).
Received orders may not be returned, exchanged or refunded unless merchandise is found to be defective as noted above.
If conditions for the product return as stated above are met, a Pedal Motion, LLC initiated RA # will be issued to you and this return authorization number (RA #) must be marked on your return package. With the exception of returns caused by our error, shipping costs for returned items will be buyer's responsibility as well as the original shipping charge and a restocking fee. No return will be accepted without invoice number or date of sale. To receive a refund or credit, returned items must be in original packaging, unused, in original condition and received at the address directed for returns within 15 days of your original receipt of the product. Item will be inspected prior to replacement or repair.
All items are shipped FOB. Upon delivery any damages to the merchandise must be noted onto the delivery receipt when signing for the merchandise and reported to the transportation company claims department immediately. Please also notify Pedal Motion, LLC immediately and provided all detail regarding damage and carrier report.