Refund and Return Policy
Agreement between User and Scootaheadzmotors.com
Welcome to Scootaheadzmotors.com. The Scootaheadzmotors.com website (the “Site”) is comprised of various web pages operated by 2Two3 Caffie Enterprises LLC (“ScootaHeadz Motors”). Scootaheadzmotors.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Scootaheadzmotors.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Scootaheadzmotors.com is an E-Commerce Site.
Gas Motor Scooters, E-Scooters, E-Bikes and Trikes.
Privacy
Your use of Scootaheadzmotors.com is subject to ScootaHeadz Motors’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Scootaheadzmotors.com or sending emails to ScootaHeadz Motors constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ScootaHeadz Motors is not responsible for third party access to your account that results from theft or misappropriation of your account. ScootaHeadz Motors and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
ScootaHeadz Motors does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Scootaheadzmotors.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your order by notifying ScootaHeadz Motors within two business days from the date the buyer makes the purchase. Once cancelled. the process can take between 3-10 business days depending on your bank. Any cancellations made after two business days will not qualify for a refund. Returns not accepted. If your order arrives damaged, please email us as soon as possible at [email protected]. Include your original order confirmation and a photo of the damage.
Refunds due to damage during shipping are addressed on a case-by-case basis. If you would like to purchase a local featured item contact us at 866-929-2242 or [email protected] for purchase details. All local featured items sales are sold as is and all sales are final. Please contact us at [email protected] with any questions.
Links to Third Party Sites/Third Party Services
Scootaheadzmotors.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ScootaHeadz Motors and ScootaHeadz Motors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ScootaHeadz Motors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ScootaHeadz Motors of the site or any association with its operators.
Certain services made available via Scootaheadzmotors.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Scootaheadzmotors.com domain, you hereby acknowledge and consent that ScootaHeadz Motors may share such information and data with any third party with whom ScootaHeadz Motors has a contractual relationship to provide the requested product, service or functionality on behalf of Scootaheadzmotors.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Scootaheadzmotors.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ScootaHeadz Motors that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ScootaHeadz Motors or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ScootaHeadz Motors content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ScootaHeadz Motors and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ScootaHeadz Motors or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by ScootaHeadz Motors from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ScootaHeadz Motors Content accessed through Scootaheadzmotors.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ScootaHeadz Motors, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ScootaHeadz Motors reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ScootaHeadz Motors in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ScootaHeadz Motors agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 2TWO3 CAFFIE ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
2TWO3 CAFFIE ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. 2TWO3 CAFFIE ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2TWO3 CAFFIE ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 2TWO3 CAFFIE ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Waiver of Personal Inquiry Liability and Release and Assumption of Risk
In consideration of the purchases made from 2Two3 Caffie Enterprises LLC DBA ScootaHeadz Motors., their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as (“ScootaHeadz Motors”), I hereby agree to release, indemnify, and discharge ScootaHeadz Motors on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my purchase made for gas motors scooters, e-scooters. e-bikes and trikes entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the purchase.
The risks include, among other things: accidents involving other gas motors scooters, e-scooters e-bikes and trikes or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with other gas motors scooters, e-scooters e-bikes and trikes; falls; the negligence of other operators of gas motors scooters, e-scooters e-bikes and trikes, myself; or other persons who may be present; sprains, strains, bruises, fractures, broken bones, musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion associated with use of the gas motors scooters, e-scooters e-bikes and trikes.
Furthermore, ScootaHeadz Motors personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing during use of the gas motors scooters, e-scooters e-bikes and trikes purchase. I agree to wear a properly fitted and secured DOT or SNELL certified helmet during use of the gas motors scooters, e-scooters e-bikes and trikes.
3. .I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ScootaHeadz Motors from any and all claims, demands, or causes of action, which are in any way connected with my purchase of gas motors scooters, e-scooters e-bikes and trikes including any such claims which allege negligent acts or omissions of ScootaHeadz Motors.
4. Should ScootaHeadz Motors or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. In the event that I (consumer) file a lawsuit against ScootaHeadz Motors, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By agreeing to the gas motors scooters, e-scooters e-bikes and/or trikes purchase, I acknowledge that if anyone is hurt after receiving my purchase, I may be found by a court of law to have waived my right to maintain a lawsuit against ScootaHeadz Motors on the basis of any claim from which I have released them herein. I also agree that this document is valid for any purchases made with ScootaHeadz Motors. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Termination/Access Restriction
ScootaHeadz Motors reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ScootaHeadz Motors as a result of this agreement or use of the Site. ScootaHeadz Motors’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ScootaHeadz Motors’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ScootaHeadz Motors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ScootaHeadz Motors with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ScootaHeadz Motors with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
ScootaHeadz Motors reserves the right, in its sole discretion, to change the Terms under which Scootaheadzmotors.com is offered. The most current version of the Terms will supersede all previous versions. ScootaHeadz Motors encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
ScootaHeadz Motors welcomes your questions or comments regarding the Terms:
2Two3 Caffie Enterprises LLC
DBA ScootaHeadz Motors
Orlando, Florida
Email Address:
Telephone number:
866-929-2242
Effective as of November 08, 2023