These Terms and Conditions (“Terms”) apply to the use of the website located at bigwheel.shop (the “Site”) and any related services provided by Big Wheels® Bike, Tricycle, Scooter, Toys, Truck (“we”, “us”, or “our”). By accessing the Site or purchasing products through our online store, you agree to be bound by these Terms. If you do not agree to these Terms, do not use this Site.
We reserve the right to change these Terms at any time without notice. Any changes will be posted on this page. Your continued use of the Site indicates acceptance of the revised Terms. You should check back periodically to review the most current version.
1. Use of Site and Services
You may view and download content from the Site solely for personal, non-commercial purposes. You may also purchase products through our online store according to these Terms. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from the Site without our prior written permission.
Your account and access may be terminated at any time, with or without notice, for any violation of these Terms, at our sole discretion. Upon such termination, you must immediately destroy any downloaded materials. We have the right to bar anyone from the Site and services at any time for any reason.
You agree to provide only truthful information when registering for an account, making a purchase, or communicating with us. We reserve the right to suspend or terminate accounts providing fraudulent or inaccurate information.
You must be at least 18 years or older to use this Site or make any purchases through it. Minors may only use the Site under the supervision of an adult.
2. Intellectual Property Rights
All content and functionality on the Site, including text, graphics, logos, icons, and images, is the property of Big Wheels® Bike, Tricycle, Scooter, Toys, Truck or its content suppliers. The compilation of content on the Site is our exclusive property and protected by U.S. and international copyright laws. All software and technology used on the Site is our property or that of our technology partners.
You may not systematically extract, reuse, or frame any content from the Site without our prior written consent. Any unauthorized use of the Site content violates our intellectual property rights.
3. Online Store
All use of our online store is subject to our Sales Policy, which covers shipping, returns, exchanges, taxes, and other relevant details. Purchasing products on our Site constitutes acceptance of the terms of the Sales Policy.
All product images, descriptions, pricing, and availability are subject to change at any time without notice. Despite our efforts, items in your cart may sell out or have shipping restrictions. In such cases, we may cancel that portion of your order and refund you for that item.
You must be at least 18 years or older to make purchases on this Site. We reserve the right to refuse service to anyone for any reason.
Products may only be shipped to a valid shipping address submitted during the checkout process. We are unable to ship to P.O. boxes. We reserve the right to verify any shipping address and may reject addresses found to be invalid.
Taxes and shipping, handling, and processing fees may apply to purchases. We aim to display accurate rate and fee information during checkout, but you are responsible for any differences that arise.
Once an order is submitted, changes cannot be made. If you submitted an order incorrectly, contact us immediately to resolve the issue.
All sales are final. Please review our return and exchange policies carefully in our Sales Policy before making a purchase. We do not provide refunds for buyer’s remorse.
4. User Content
You are responsible for any content you post on the Site, including ratings, reviews, images, comments, and videos. You grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use that content in any way, including copying, modifying, distributing, and commercializing it.
You represent that you have the right to grant us this license. Do not post any content that violates third party rights, including intellectual property rights and privacy rights. We may remove any content at any time with or without notice to you.
You agree to only post thoughtful and relevant content. Do not post repetitive, misleading, spammy, or inappropriate content. We may restrict users from posting who repeatedly violate these guidelines.
5. Our Liability
We provide this Site and related services as-is, without warranty. We disclaim any and all warranties, express or implied, regarding the Site, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We are not liable for any loss, whether direct, indirect, incidental, or consequential, caused by your access or use of the Site. This includes loss of profits, goodwill, data, and other intangible losses.
You agree to indemnify us against any damages, losses, liabilities, judgments, costs, and expenses arising out of a claim by a third party relating to your use of the Site. This includes claims that content you submitted infringes or violates third party rights.
The limitations in this section apply to the maximum extent permitted by law. In some jurisdictions, certain warranties and liabilities cannot be excluded or limited. In such cases, those specific provisions remain in effect.
6. Third Party Links and Services
The Site may contain links to third party sites and services, like social networks. We are not responsible for the availability, content, or privacy and security practices of those external sites. You access any third party services at your own risk.
7. Limitations of Liability
We will not be liable for:
- Any loss that was not caused by our breach of these Terms
- Indirect, consequential, incidental, special, or punitive damages, including lost profits and damages related to lost data
- Losses caused by factors beyond our reasonable control
- Loss of any opportunity, goodwill, profit, revenue, or savings (whether direct or indirect)
Our maximum liability arising out of or relating to these Terms is limited to the greater of $100 or the amount you paid to us in the last year. This limitation applies to the aggregate of all your claims, actions, and causes of action, whether in contract, tort, or otherwise.
8. Indemnification
You agree to indemnify and hold harmless Big Wheels® Bike, Tricycle, Scooter, Toys, Truck and our officers, directors, employees, and agents from any losses, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of any claim or action related to:
- Your use of the Site or violation of these Terms
- Any content or information you submit, post, or transmit through the Site
- Your violation of any third party rights, including intellectual property rights
We reserve the right, at our expense, to assume exclusive defense and control of any indemnified matter and settle it without your consent. You agree to provide any assistance reasonably requested by us to defend and settle such matter.
9. Governing Law
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. Any disputes related to these Terms or the Site will be handled by the state and federal courts located in Los Angeles County, California. You consent to the exclusive jurisdiction of those courts.
10. Severability
If any provision of these Terms is found unenforceable by a court of competent jurisdiction, it will be severed while retaining to the maximum extent possible the intent of the parties. All other provisions remain in full force and effect.
11. No Waiver
Our failure to enforce any right or provision in these Terms does not constitute a waiver. Any waiver by us must be explicit, in writing, and signed by an authorized representative.
12. Entire Agreement
These Terms comprise the entire agreement between you and Big Wheels® Bike, Tricycle, Scooter, Toys, Truck regarding the use of this Site and supersede any prior agreements.
13. Contact Us
Please contact us with any questions about these Terms and Conditions:
Big Wheels® Bike, Tricycle, Scooter, Toys, Truck
123 Main St, Anytown, CA 12345
[email protected]
These Terms were last updated on January 1, 2023.