Terms of service

ShiftGearRacing.com Terms of service

OVERVIEW

This website is operated by Caco Enterprises, inc. (DBA Shift Gear Racing / ShiftGearRacing.com). Throughout the site, the terms “we”, “us” and “our” refer to Shift Gear Racing / ShiftGearRacing.com. Shift Gear Racing offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - REFUND, RETURN, AND EXCHANGES POLICY -

Online purchases made through www.ShiftGearRacing.com are valid for a return/exchange within 90 days from the ship date for the original customers only (non-transferable). Shift Gear Racing offers exchanges only on different colors or sizes of the original style(s) purchased (if available and in-stock, and not allocated for other orders or promotions). Exchanges can only be made once. All items must be returned unworn, unwashed, undamaged, and with original tags attached. It can take up to 14 business days from when we receive the item(s) to process your return.

We will not accept items with unnecessary dirt, stains, hair, etc. You will be notified through email when the refund has been processed. Final sale items are ineligible for return or exchange. Please note, that shipping costs and additional promo codes will not be refunded. In the unlikely event that an item is returned to us in an unsuitable condition or outside of the 90-day return policy, we reserve the right not to refund you.

For pre-orders, estimated ship dates are estimates, and may need additional time to ship. In these instances, we will do our best to keep frequent communication with customers via email for all pre-ordered items, in particular, rare, custom made, and / or limited goods. Customers can request to cancel such a pre-order for a refund any time prior to the actual processing of shipping of a pre-order by contacting us via hello@ShiftGearRacing.com.

For any orders, including pre-orders, that cannot be fulfilled (fully or partially) for any reason, we reserve the right to provide that customer a full refund of the actual price paid for those products that were not fulfilled.

If an order is exchanged, the value of that order is based on the actual price that the customer actually paid, not any promoted price in the store. Refunds and Credit amounts are only based on what the customer actually paid.

Current Prices for Exchange Items may be different than the price available at the time you purchased, in which, at Shift Gear Racing’s discretion, can request that the customer to pay the difference if the price is higher. (i.e. super rare items, raffle items, items for bid, etc.)

If the item you received is damaged or defective, please contact us as soon as possible. We may ask for additional information, such as descriptions and/or photos, to confirm the item’s condition. We will provide a free return, replacement, or refund.

Multiple orders cannot be combined for any reason, including Pre-Orders that have yet to be shipped.

Orders that include multiple items which include an item that will be shipped at a later date (Pre-Order), will be shipped at that later date. We highly recommend that you order items that are in-stock separately from Pre-Orders.

Orders not made at ShiftGearRacing.com, such as other websites, platforms, apps, or physical locations, are not covered by our Terms of Service, 90 Day Guarantee, and Return Policy.

SECTION 4 - CUSTOMS / VAT / IMPORT FEES

Recipients of international shipments may be subject to import taxes, fees, and customs duties (hereafter, Import Fees), levied by the customs office of the recipient destination country. Import Fees vary according to the customs regulations of the destination country. Components that play a role in Import Fee calculations are (among others):

Product category and price
Shipping costs and package weight
Customs clearance channel
Import taxes based on custom duty amounts

Customs policies vary widely, and some countries don't charge Import Fees for shipments that fall below a minimum value. Contact the customs office of the destination country for more information.

We are not responsible for any Import Fees. Shift Gear Racing does NOT set the price for Import Fees, and we do not collect any Import Fees.

“Free Shipping” or “Shipping Included” does not include Import Fees.

It is your responsibility to review fees and choose to accept them, or not. You are not obligated to accept the Shipment and pay the fees. If you choose not to pay the necessary Import Fees due at the time of delivery, the carrier will attempt to return it back to us. In such cases, we will not be responsible for Refund or Credit for any additional Shipping Fees. Shift Gear Racing may refund your product purchase (minus shipping and handling, and taxes, or other fees), but Shift Gear Racing is not obligated to provide a Refund or Credit towards any Import Fees you may pay.

If you feel the Import Fee being charged is not accurate, feel free to contact us for clarification PRIOR to accepting the shipment. We are happy to help.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6 - MODIFICATIONS TO THE SERVICE, PRICES, AND AVAILABILITY

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Shift Gear Racing reserves the right to cancel and/or refund any orders at any time, including any orders that may have been made with but not limited to - incorrect product pricing, product information, marketing, promotion, & descriptions. Shift Gear Racing reserves the right to change the number of units available for any product, at any time, and/or add or remove a product for sale for any reason, at any time.

The term Limited used on our website, marketing, product descriptions may have multiple meanings such as the product & service is limited by overall quantity, series quantity or availability, availability based on quantity or accessibility, limited access for certain audiences, limited access based on time to view or purchase, limited number of production runs, limited because of design and in it’s uses, or other meanings. Single / One Production Run means certain products are only officially produced one time. However, there may be exceptions due to production issues, losses, the need for split productions, requests by Licensors and/or Production partners, expansion of sales territories, shortages, or any unforeseen circumstances. Shift Gear Racing reserves the right to produce or reproduce any products at any time. Overstock for all items, including Limited items, may still be sold to general public, retail, distributors worldwide as determined by Shift Gear Racing.

“Free Shipping” or “Shipping Included” does not include Import Fees, VAT, Customs Charges, or any other charges.

SECTION 7 - FULL CUSTOM APPAREL

From time to time ShiftGearRacing.com, SGR, Autocannon, Racerette, and Max Boost may provide “Full Custom” apparel programs for certain customers, companies, brands, or teams. These Orders must be canceled within 24 hours of the order being made or they cannot be canceled, refunded, or exchanged.

SECTION 8 - PRODUCTS OR SERVICES

Certain Products or Services (Services) may be available in-person at an Shift Gear Racing pop-up retail location, or exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our REFUND, RETURN, AND EXCHANGES POLICY Policy above.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We reserve the right to cancel or block any orders from any and all customers for any reason - which may include customers that display any conduct we decide is not within our values or guidelines, disparaging any of our brands in any way, any comments deemed negative in any way, threats of legal action, or speak ill will of our company, brand, and associates. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material

We reserve the right to cancel or block any orders from any and all customers who violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://shop.ShiftGearRacing.com/policies/privacy-policy

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. (l) for use for any AI (Artificial Intelligence) use such as, but not limited to, designs, images, content, videos, audio, all media, all data, and more.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Shift Gear Racing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shift Gear Racing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - COPYRIGHT, TRADEMARK & PATENT

Acura Official Licensed Product. Designed, manufactured, and distributed by or for Caco Enterprises, Inc. Intellectual property of Honda Motor Co., Ltd., used under license by American Honda Motor Co., Inc. All rights reserved. Only available in USA, Canada, and Mexico.

Honda Official Licensed Product. Designed, manufactured, and distributed by or for Caco Enterprises, Inc. Intellectual property of Honda Motor Co., Ltd., used under license by American Honda Motor Co., Inc. All rights reserved. Only available in USA, Canada, and Mexico.

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes..

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@ShiftGearRacing.com.

Our contact information is below:
hello@ShiftGearRacing.com
Caco Enterprises, inc.
7710 Hazard Center Dr. #E-129
San Diego CA 92108

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