Introduction
These Terms and Conditions are applicable to the website hoverheart.shop and any related domains, subdomains, services, applications, and products (collectively referred to as the “Website”, “Service”, “Services”, or “hoverheart.shop”) owned and operated by Hover Heart®.
The Website provides an ecommerce platform to browse and purchase Hover Heart® branded mini bikes, dirt quads, mini choppers, parts, accessories, apparel and related products (collectively referred to as “Products”). By accessing or using hoverheart.shop, you agree to be bound by these Terms and Conditions and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms and Conditions, please do not use this Website or purchase any Products.
These Terms and Conditions apply to any users who browse the Website, submit information, purchase Products, or use any online Services provided on the Website.
Definitions
“Hover Heart®“, “We” “Us” or “Our” refers to the owner and operator of the Website and Products.
“You” or “Your” refers to the user, customer, or viewer of the Website.
“Customer” or “Purchaser” refers specifically to any user who purchases the Products through the Website.
“Party” may refer to Hover Heart® or the user, individually, while “Parties” refers to both collectively.
Use of the Website
Eligibility: The Website is intended for Users 18 years of age and older. By accessing, browsing, or purchasing on the Website, you represent and warrant that you are at least 18 years old. If you do not meet these requirements, you must not access or use the Website.
Website Access: We grant you a limited, nonexclusive, nontransferable, and revocable license to access and use the Website for purposes as outlined in these Terms and Conditions. Access may be interrupted for any reason, including, but not limited to, the malfunction of equipment, periodic updating, maintenance, or repair of the Website, or any other cause beyond reasonable control or anticipation of Hover Heart®.
Website Content: All content and materials available on hoverheart.shop, including but not limited to Products, Product information, graphics, designs, text, images, video, audio, logos, downloads, icons, and software (collectively referred to as “Content”), are the exclusive property of Hover Heart®. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and regulations, and other proprietary rights and laws. You agree not to copy, modify, create derivative works from, sell, or exploit any Content without express written permission from Hover Heart®.
Acceptable Use: You agree to only use the Website and Services for lawful purposes as outlined in these Terms and Conditions. You will not use the Website or Services for any prohibited or illegal activities, including but not limited to intellectual property theft, defamation, invasion of privacy, identity theft, damaging or impairing the Website, evading filters, disrupting the Website, or any other purpose deemed inappropriate by Hover Heart®.
User Accounts: Unregistered browsing of the Website is permitted. However, optional user registration or customer accounts may be required to access or use certain features, services, content, or to make purchases. Customers are responsible for maintaining the confidentiality of their account username and password. You are fully responsible for all activity associated with your account.
Restrictions: You may not abuse, harass, stalk, threaten, impersonate, misrepresent, or otherwise violate the legal rights of other users, Customers, or any other third-parties. You may not interfere with the Website, Services, servers, Content, or networks connected to the Website through hacking, password mining, or any other means. You may not inject, distribute, or publish any viruses, worms, defects, Trojan horses, malware, or any other items of a destructive or deceptive nature. You may not defame, abuse, harass, harm, or otherwise violate the legal rights of Hover Heart® and its representatives. Any violation may result in civil or criminal liability.
Indemnification: You agree to indemnify and hold harmless Hover Heart® and its owners, directors, officers, managers, employees, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from: (a) your use of the Website or Services; (b) your violation of these Terms and Conditions; (c) your violation of the rights of any third party; or (d) any other acts or omissions. You agree to cooperate fully with Hover Heart® in the defense of any such claims.
No Warranties: The Website and Services are provided on an “as is” and “as available” basis without warranties of any kind, expressed or implied, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Hover Heart® makes no warranties that the Website or Services will meet your requirements, that the Website or Services will be uninterrupted or error-free, or that defects will be corrected.
Limitation of Liability: Hover Heart® and its owners, directors, officers, managers, employees, agents, and affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of the Website or Services. This includes damages for loss of profits, goodwill, business interruption, computer damage, or any other losses or damages, even if Hover Heart® was advised or aware of the possibility of such damages.
No Professional Advice: All Website Content is for informational and educational purposes only. It should not be considered professional advice. You should consult an appropriate professional for any medical, legal, financial, or other specialized advice.
Products and Purchases
Product Representations: Hover Heart® makes reasonable efforts to provide accurate depictions of Products on the Website, including size, materials, color, and other attributes. However, actual Products may vary slightly from their descriptions. Customers should carefully review all Product details prior to purchase. Hover Heart® does not guarantee that descriptions or Product imagery perfectly match the actual Product.
Product Pricing: Prices and availability of Products are subject to change without notice. Errors may occur. Hover Heart® reserves the right to revise, update, or discontinue an offer after an order is submitted but before processing or payment. In such situations, we may cancel your order or contact you for instructions. If your credit card was charged prior to cancellation, Hover Heart® will promptly process a refund.
Product Demos and Samples: Any demos, sample imagery, or other representations do not constitute actual Products. Any measurements, dimensions, technical specifications, and other Product details provided are approximate values only.
Purchasing: By ordering Products, you affirm that the Products are for your own personal or household use only and not for resale purposes. When you place an order, you agree to pay all listed prices and any applicable taxes. Hover Heart® automatically bills the payment method used at checkout when the order is submitted.
Availability: We make reasonable efforts to accurately represent Product availability during the order process. However, Products may sell out or inventory may change after an order is submitted. In such cases, Hover Heart® reserves the right to cancel orders or offer substitute products of equal or greater value. You will be notified of cancellations or changes prior to shipping.
Shipping and Delivery: The Customer is responsible for providing a valid shipping address where Products can be received without issue. Shipping and delivery dates are estimates only – Hover Heart® is not responsible for shipping delays. Title to and risk of loss for Products pass to the Customer once delivered to the shipping carrier.
Returns and Refunds: Please review our Returns and Refunds Policy to understand how to return or exchange Products purchased through the Website. We want you to be fully satisfied with every purchase.
Product Warranties: All Products sold by Hover Heart® come with a limited manufacturer’s warranty covering defects in materials and workmanship. Please review complete warranty details for each Product prior to purchase. If a Product ever fails due to a manufacturing defect during the warranty period, Hover Heart® will repair or replace it at our discretion. Normal wear and tear is not covered. Customers are responsible for warranty registration, maintenance, and understanding all limitations or exclusions.
Intellectual Property
Hover Heart® and our Products are protected by copyright, trademark, patent, and other intellectual property (“IP”) laws. Do not distribute, license, create derivative works from, transfer, sell, or otherwise exploit any Hover Heart® IP without express prior written permission. This includes trademarks like Hover Heart®, Quantum, Quantum X, Sonic, and Sonic X, as well as all logos, slogans, websites, domains, networks, designs, manuals, images, videos, text, and other branding or content.
Privacy Policy
Please review our Privacy Policy to understand how Hover Heart® may collect, use, and disclose information from or about you through your access, purchase, and use of the Website and Services. We are committed to protecting your privacy. The Privacy Policy is incorporated by reference into these Terms and Conditions.
Payments and Billing
Payment Processing: All payment processing services are provided by third-party processors. Hover Heart® does not directly process payments but relies on trusted payment partners. During checkout, you will be redirected to a secure payment portal hosted by our current processor.
Automatic Billing: For your convenience, Hover Heart® uses automatic billing when you make a purchase or sign up for a subscription. This allows us to seamlessly bill your payment method on file periodically without additional action needed from you. You authorize these transactions and understand that the amount billed may vary over time if your order or subscription changes. Check your account settings to update billing details. Please contact us immediately if your payment method is changed or no longer valid to avoid any disruption.
Failed Payments: If your payment fails or is declined, your order or account may be suspended unless the issue is resolved. Hover Heart® will make reasonable attempts to contact you to rectify any payment issues. If the problem is not fixed in a timely manner, your purchases, subscriptions, or access to the Website may need to be cancelled. Please make sure your billing details are up to date to avoid any problems.
Refunds: Generally, all purchases are final. However, Hover Heart® may issue refunds at our sole discretion on a case-by-case basis. Please review the Returns and Refunds section for more details. Refunds only apply to the price paid. Any applicable taxes or shipping costs are non-refundable. Refunds typically take 3-5 business days to process once approved and appear on your next billing statement.
Disclaimers
Third-Party Links and Services: Hover Heart® may link to or integrate with third-party websites, services, or advertisements that we do not own or control. We are not responsible for the availability, content, privacy policies, or practices of such external sites. You use these at your own risk. It is your responsibility to review external policies before use.
Translations: The Website may contain translations of content for your convenience. These translations are provided for reference only. In the event of any conflict between the English version and a translated version, the English version prevails.
Affiliates: Hover Heart® may allow third-parties to market, promote, and advertise Products or Services as an affiliate. All affiliates are bound by these Terms and Conditions. However, Hover Heart® is not responsible for actions of affiliates that may violate policies we have established.
Waiver: Any failure by Hover Heart® to exercise or enforce terms of these Terms and Conditions does not constitute a waiver or forfeiture of such terms. Waiver of any provision must be in writing by an authorized representative.
Changes and Modifications
Changes to Terms and Conditions: Hover Heart® reserves the right to modify these Terms and Conditions at any time without individual notice. The most current version will be posted on hoverheart.shop. You are responsible for reviewing any changes each time you access or use the Website. Continued use after changes are published constitutes your consent and acceptance of the updates.
Changes to the Website: We may update, enhance, suspend, discontinue, or restrict access to the Website, Services, Content, or Products at any time without notice. User information may be lost as a result of these changes. Hover Heart® is not liable for any damages caused by such changes or loss of data.
Changes to Products: Hover Heart® reserves the right to modify or discontinue Products at any time, including after an order is placed. In such cases, we will make reasonable efforts to substitute equivalent products or provide refunds where appropriate. Pricing, descriptions, and availability are also subject to change.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Hover Heart®
123 Hover Rd
Houston, TX 77032
Email: [email protected]
Phone: (800) 555-1234
Agreement
By accessing this Website or purchasing any Products, you indicate your complete understanding and acceptance of these Terms and Conditions. These Terms and Conditions constitute a binding agreement between you and Hover Heart® with respect to use of the Website and any purchases.