TERMS & CONDITIONS
CUSTOMER CARE
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.Moto-Fab.com website (the "Service") operated by Moto-Fab LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
General
Your privacy is important to us. This privacy policy is intended to give you confidence in the privacy and security of the personal information we obtain from you whether you are using Moto-Fab products, downloading our applications, or are merely visiting our Website. However, please note that we are not responsible for any use of your personal information you provide to third-party applications or websites that may be accessed via the products or websites. We recommend that you review the privacy policy of any third-party applications or websites that you use.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Order Cancellation Policy
We pride ourselves on our ability to quickly and accurately process all orders. If you have any questions regarding your purchase, we will do everything we can to address your concerns. Orders are submitted to our warehouse electronically within 30 minutes to service our customers as quickly as possible. For that reason, any cancellation request past 30 minutes from order submission cannot be guaranteed.
Refused Packages
Refused Orders without documented prior-authorization from Moto-Fab will result in a 20% Restocking Fee. If applicable, this fee will be deducted from your refund.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Moto-Fab LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Moto-Fab LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Moto-Fab LLC.
Moto-Fab LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Moto-Fab LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Moto-Fab LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Moto-Fab LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Moto-Fab's products are designed to best fit your ATV/UTV under stock conditions. Adding, modifying, or fabricating any factory or aftermarket parts will void any warranty provided by Moto-Fab and is not recommended. Our products are designed to be run with stock components and could interfere with other aftermarket accessories. If you have other aftermarket products on your machine, contact us to verify that they will work together.
Although we have thousands of satisfied customers, you should be aware that installing lift kits, long travel, or suspension kits, tires, etc. will change the ride of your machine and may increase maintenance and part wear. Operating any off-road machine while or after consuming alcohol or drugs increases risk of bodily harm or death. Moto-Fab urges you to wear a helmet and appropriate riding gear at all times
By purchasing and installing our products, you agree that should damages occur Moto-Fab will not be held responsible for loss of time, use, labor fees, replacement parts, or freight charges. Moto-Fab nor any 3rd party will be held responsible for any direct, indirect, incidental, special, or consequential damages that result from any product purchased from Moto-Fab. The total liability of seller to you for all damages, losses, and causes of action if any, shall not exceed the total purchase price paid for the product that gave rise to the claim.
Moto-Fab will warranty only parts provided by Moto-Fab. Any damage or problems with OEM housing, bearings, seals, or other manufactures products will not be covered by Moto-Fab. Moto-Fab parts and products are not warrantied if item was not installed properly, misused, or modified.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Moto-Fab LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Registered Terms
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. The following terms are registered by Moto-Fab, and are subject to infringement by others.
Changes
Changes in this policy will be posted on our Websites. You are advised to check our Websites regularly to view our most recent privacy policy.
Contact Us
If you have any questions about these Terms, please contact us.
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PRIVACY & SAFETY
Effective date: November 15, 2022
Moto-Fab, LLC ("us", "we", or "our") operates the https://www.Moto-Fab.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.Moto-Fab.com
Mobile Terms of Service
Text messaging originator opt-in data and consent will not be shared with any third parties.
https://Moto-Fab.myklpages.com/p/mobile-terms-of-service
Definitions
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on a User’s device.
Data Controller
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your data.
Data Processor (or Service Providers)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject
Data Subject is any living individual who is the subject of Personal Data.
User
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you. Moto-Fab, LLC is the sole owner of the information collected on this site. Moto-Fab, LLC will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
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Email address
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First name and last name
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Phone number
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Address, State, Province, ZIP/Postal code, City
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Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
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Session Cookies. We use Session Cookies to operate our Service.
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Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
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Security Cookies. We use Security Cookies for security purposes.
Use of Data
Moto-Fab, LLC uses the collected data for various purposes:
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To provide and maintain our Service
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To notify you about changes to our Service
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To allow you to participate in interactive features of our Service when you choose to do so
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To provide customer support
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To gather analysis or valuable information so that we can improve our Service
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To monitor the usage of our Service
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To detect, prevent and address technical issues
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To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Retention of Data
Moto-Fab, LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Moto-Fab, LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Moto-Fab, LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Moto-Fab, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Moto-Fab, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
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To comply with a legal obligation
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To protect and defend the rights or property of Moto-Fab, LLC
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To prevent or investigate possible wrongdoing in connection with the Service
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To protect the personal safety of users of the Service or the public
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To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Rights
Moto-Fab, LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
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To access and receive a copy of the Personal Data we hold about you
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To rectify any Personal Data held about you that is inaccurate
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To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Moto-Fab, LLC. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests. This verification step will allow us to reasonably verify you are the person about whom we collected personal information or an authorized representative. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
ERP System - Netsuite
Moto-Fab, LLC uses the Netsuite Enterprise Resource Planning (ERP) system as its primary business system. Although the Netsuite system is cloud-based, there are local system integrations that rely upon file and data storage located in the Moto-Fab, LLC datacenter. This locally stored data may contain personal data such as name and address.
The data in Netsuite is retained indefinitely. The data in the local file and data storage locations is retained for a period of 99 days.
For more information on the privacy practices of Netsuite, please visit their data privacy page: https://www.oracle.com/legal/privacy/index.html
eCommerce Platform - Magento
Moto-Fab, LLC uses Magento for its eCommerce software platform on which the Service executes and interacts with the visitor. If an account is created or an order placed an order with Moto-Fab, LLC, then personal data is contained within the Magento system. This data is retained indefinitely to facilitate the effective management of customer accounts by Moto-Fab, LLC.
For more information on the privacy practices of Magento, please visit Magento’s data privacy page: https://magento.com/legal/terms/privacy
Communication - Five9
Moto-Fab, LLC uses the Five9 cloud contact center system. If a customer calls the customer service number, the Five9 system will use the caller ID information and attempt to automatically locate the customer’s information. Phone conversations and the associated inbound phone number are recorded in the Five9 system and are retained for 30 days.
For more information on the privacy practices of Five9, please visit Five9’s security and privacy page: https://www.five9.com/trust/security-privacy
Email – Microsoft Office 365 Outlook
Any part of the information related to an order or account with Moto-Fab, LLC could be contained in the email of any number of our employees. This information could include Personal Data along with order information or any other information related to your transaction. Moto-Fab, LLC subscribes to an email service from Microsoft named Office 365 Outlook, and has a three-year email retention policy in effect.
For more information on the privacy practices of Microsoft, please visit their data privacy page: https://products.office.com/en-us/business/office-365-trust-center-privacy
Gorgias
Moto-Fab, LLC uses the Gorgias platform to enable visitors of the Service to message, or chat with, Moto-Fab, LLC customer service employees. Transcripts of messages or chat sessions are retained and analyzed by Moto-Fab, LLC for customer service training and evaluation purposes.
For more information on the privacy practices of Gorgias, please visit their privacy page: https://www.gorgias.com/privacy/privacy
DotDigital
The dotdigital platform is used to send email to individuals who have placed an order with Moto-Fab, LLC or have subscribed to receive email communications. The communication managed by DotDigital include order acknowledgements, abandoned cart notifications and welcome campaigns.
For more information on the privacy policies of dotdigital, Inc., please visit their privacy page: https://dotdigital.com/terms/privacy-policy
Klaviyo
The Klaviyo platform is used to send email to individuals who have placed an order with Moto-Fab, LLC or have subscribed to receive email communications. The communication managed by Klaviyo include order acknowledgements, abandoned cart notifications and welcome campaigns.
For more information on the privacy policies of Klaviyo, please visit their privacy page: https://www.klaviyo.com/legal
Analytics and Behavioral Remarketing
We may use third-party Service Providers to monitor and analyze the use of our Service. And Moto-Fab, LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Microsoft Bing Universal Event Tracking
Microsoft Bing Universal Event Tracking (UET) is a mechanism for advertisers to report user activity on their websites to Bing Ads. UET records what customers do on the Service and then Bing Ads starts collecting that data allowing Moto-Fab, LLC to track conversions or target audiences using remarketing lists.
For more information on the privacy practices of Microsoft, please visit the Microsoft Privacy Statement web page: https://privacy.microsoft.com/en-us/PrivacyStatement
Mouseflow
Mouseflow is a web analytics tool that reveals the online behavior and provides feedback (voice of the customer) functionality. This analysis tools allows Moto-Fab, LLC to measure and observe user behavior and see what users do while on the Service.
For more information on opting out of Mouseflow and for Mouseflow's privacy practices, please visit Mouseflow's Privacy Policy web page: https://mouseflow.com/legal/company/privacy-policy/
Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://adssettings.google.com/anonymous Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal or Braintree
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
SMS Abandon Cart Disclosure
This website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Cookie List
Contact Us
If you have any questions about this Privacy Policy, please contact us:
PAYMENT METHODS
- Credit / Debit Cards
- PAYPAL
- Offline Payments