Agreement between user and https://www.redfoxbaggers.com/

Welcome to https://www.redfoxbaggers.com/. REDFOXBAGGERS is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.redfoxbaggers.com/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference

https://www.redfoxbaggers.com/ is an E-commerce site specialized in aftermarket parts for motorcycles. 

Privacy

Your use of https://www.redfoxbaggers.com/ is subject to REDFOXBAGGERS's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.redfoxbaggers.com/ or sending emails to REDFOXBAGGERS 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.

SMS Communications

By providing your mobile number, you consent to receive SMS messages from RedFoxBaggers related to your account and orders. Standard messaging and data rates may apply. You may opt out of SMS communications at any time by following the instructions provided in the message.

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 REDFOXBAGGERS is not responsible for third party access to your account that results from theft or misappropriation of your account. REDFOXBAGGERS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

REDFOXBAGGERS 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 http://www.redfoxbaggers.com/ only with permission of a parent or guardian. 

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.  

We consider the parts to be 90% paint-ready. Each part is test-fitted and primed before being packed for shipping. However, some sanding and prep work may be required before painting. It's essential to test fit the parts on your bike prior to applying paint.

We have a list of RedFoxBaggers-approved painters and body shops, known for their quality and fair pricing, which is available upon request. Should a client choose to work with a painter or body shop outside of this list, RedFoxBaggers cannot be held responsible for any additional charges or inflated billing hours. In some cases, non-approved vendors may increase costs beyond their original quotes. By selecting a vendor outside of our approved list, the client assumes full responsibility for any price changes or unexpected fees.

Order Placement and Lead Time

• All orders placed with RedFoxBaggers are made to order.
• The lead time for orders is typically between 30 to 60 business days, with a maximum timeframe of 60 business days.
• In some events, the lead time may be shorter than the specified timeframe.

Painted and color matched parts

The quality of our painted parts is crucial, and we are selective about the products we sell. Since we outsource painting to a local painter, there may be unpredictability in delivery times, with production sometimes taking up to six months. If you are on a deadline and require a quicker turnaround, we recommend seeking a local painter who can accommodate your timeline.

 In order to contract with http://www.redfoxbaggers.com/, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. https://www.redfoxbaggers.com/ retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. 

 (b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law http://www.redfoxbaggers.com/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect http://www.redfoxbaggers.com/'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

Order Concerns

Accurately and carefully delivering your order imperative to us. If you believe there is a problem with you order, please contact us via the chat line, or email us to sales@redfoxbaggers.com so we can take care of you.

Returns and Exchanges

We know things can happen, so here at Redfoxbaggers.com, we always do our best to satisfy our customers.                                                                                 

All Sales transactions are subject to Redfoxbaggers’ Terms & Conditions.

• RedFoxBaggers does not accept returns for any products.                            
• In the event that a customer believes a product is defective, RedFoxBaggers requires the customer to contact their customer support.
• RedFoxBaggers will troubleshoot and determine if the product is indeed defective.
• If the product is confirmed to be defective, exchanges will be accepted.
• Customers must notify RedFoxBaggers within 7 days of receiving the product to request an exchange.
• The customer will be responsible for returning the defective product to RedFoxBaggers. A return label will be provided if the product is found defective.
• Shortages or damages must be reported within 24 hours of receipt.
• Painted, altered, or installed parts are non-exchangeable. Please inspect all pieces after arrival by the transportation company.
• buyer is responsible for all fees concerning installation. All our rear end kits are pre-fitted and pre-drilled for main mounting points and lined up properly before shipping. Redfoxbaggers does not guarantee perfect fitments of any of our products due to improper installation. Professional installation is recommended. Should you have any questions about installations, feel free to email us so one of our tech can troubleshoot and assist you.
• it is  recommended that all parts are pre-fit prior to painting to confirm fitment to your bike. Redfoxbaggers cannot be responsible for any paint costs incurred on items that are not pre-fit prior to painting.
• No matter the year of your bike, All redfoxbaggers’ stretched bags are compatible with the One Touch Saddlebag hardware locks & latches system. Please take that in consideration when making your purchase.

Order Cancellation

• Order cancellation requests must be made within 48 hours from the time of purchase.
• After the initial 48-hour period, no cancellations will be accepted as production would have commenced, and resources would have been allocated.

Cancelation policy for Wheels

Please Note: for Any Cancelation after order is placed, Customer has 48 hours to change or cancel the order without a 20% restocking fee, anything later then that will result in the 20% restocking fee. **PRODUCTS PROUDLY MADE IN THE U.S.A. **$150 Storage Fee applied 5 days after product is ready to ship if balance not paid. After 14 Days we will charge the 20% Restocking fee to the invoice and sell the wheel as a new in stock wheel, if the balance is not paid. **We reserve the right to use any tire we see fit for the wheel unless a specific tire is requested

Shipping

We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

International Shipments

We happily ship worldwide and are experienced in the intricacies of international shipping. Most large and/or high value items ship via FedEx International; smaller items can ship economically via US Postal Global Priority and Global Express mail.

Please note, we do not accept orders from Nigeria or Indonesia at this time. Also note, our export documentation conforms to United States laws — we do not “mark down” the value of your items, nor will we mark them as a gift. All shipments are made from Palm Beach County, Florida. All duties, taxes, and brokerage fees are your responsibility in your local country.

 Links to third party sites/Third party services

http://www.redfoxbaggers.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of REDFOXBAGGERS and REDFOXBAGGERS 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. REDFOXBAGGERS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by REDFOXBAGGERS of the site or any association with its operators.

Certain services made available via http://www.redfoxbaggers.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.redfoxbaggers.com/ domain, you hereby acknowledge and consent that REDFOXBAGGERS may share such information and data with any third party with whom REDFOXBAGGERS has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.redfoxbaggers.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 http://www.redfoxbaggers.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to REDFOXBAGGERS 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 REDFOXBAGGERS 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. REDFOXBAGGERS 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 REDFOXBAGGERS 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 REDFOXBAGGERS or our licensors except as expressly authorized by these Terms. 

Third Party Accounts

You will be able to connect your REDFOXBAGGERS account to third party accounts. By connecting your REDFOXBAGGERS account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by REDFOXBAGGERS 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 REDFOXBAGGERS Content accessed through http://www.redfoxbaggers.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 REDFOXBAGGERS, 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. REDFOXBAGGERS reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with REDFOXBAGGERS in asserting any available defences.

 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 arbitrators 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 regard 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 Employer 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.

Compatibility with other manufacturer

Please be advised that our products are aftermarket custom parts, specifically designed to offer a unique and personalized enhancement to your motorcycles. Due to the custom nature and the specific design considerations required to accommodate their extended length and stretch, these parts may not fit in the same manner as stock parts. To ensure optimal compatibility and ease of installation, we strongly recommend purchasing our own lids, which are designed to complement our custom bags. These lids can be installed and test-fitted prior to shipping to ensure a seamless integration with your bike. Please note that we cannot assume responsibility for compatibility issues arising from the use of lids or other components not manufactured by our brand. By choosing our aftermarket parts, you acknowledge and accept these conditions as part of our terms of service.

 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. REDFOXBAGGERS Distribution LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 REDFOXBAGGERS Distribution 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. REDFOXBAGGERS Distribution 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 REDFOXBAGGERS Distribution 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 REDFOXBAGGERS Distribution 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.

FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or , if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or International calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemic or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
In the event an act of force majeure occur and we are forced to temporarily close our manufacturing infrastructure, all pending orders will be put on stand-by until the situation stabilize and we are able to resume our operation.

Termination/access restriction

REDFOXBAGGERS 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 REDFOXBAGGERS as a result of this agreement or use of the Site. REDFOXBAGGERS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of REDFOXBAGGERS'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 REDFOXBAGGERS 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 REDFOXBAGGERS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and REDFOXBAGGERS 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.

Non Defamation Agreement

This Non-Defamation Agreement ("Agreement") is entered into between REDFOXBAGGERS (hereinafter referred to as "Company"), and the individual or entity agreeing to these terms ("Customer").

By placing an order and accepting the terms and conditions of REDFOXBAGGERS, the Customer hereby agrees to the following terms:

1. Non-Defamation: The Customer agrees not to engage in any action, whether verbal or written, that constitutes defamation against the Company. This includes but is not limited to making false statements, spreading rumors, or publishing negative reviews with malicious intent to harm the reputation of the Company.
2. Scope of Agreement: This Agreement applies to all forms of communication, including but not limited to social media, online forums, review platforms, and any other public or private communication channels.
3. Acknowledgment of Terms: By placing an order with the Company and accepting its terms and conditions, the Customer acknowledges that they are also bound by the terms of this Non-Defamation Agreement.
4. Consequences of Defamation: In the event that the Customer breaches this Agreement by engaging in defamation against the Company, the Company reserves the right to take appropriate legal action to protect its reputation and seek damages for any harm caused.
5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

By placing an order with REDFOXBAGGERS and accepting its terms and conditions, the Customer acknowledges that they have read, understood, and agreed to the terms of this Non-Defamation Agreement.

REDFOXBAGGERS reserves the right to modify or amend this Agreement at any time without prior notice. Any such modifications or amendments shall be effective upon posting on the Company's website or other official communication channels.

General

• RedFoxBaggers reserves the right to modify or update these terms and conditions at any time, without prior notice.
• By placing an order with RedFoxBaggers, customers acknowledge and accept these terms and conditions.
• RedFoxBaggers is not liable for any damages or losses incurred as a result of the use or misuse of their products.
• All intellectual property rights associated with RedFoxBaggers' products and designs are reserved by RedFoxBaggers.

Please read these terms and conditions carefully before placing an order. By proceeding with a purchase from RedFoxBaggers, you agree to comply with and be bound by these terms and conditions.

 Changes to Terms

REDFOXBAGGERS reserves the right, in its sole discretion, to change the Terms under which http://www.redfoxbaggers.com/ is offered. The most current version of the Terms will supersede all previous versions. REDFOXBAGGERS encourages you to periodically review the Terms to stay informed of our updates.

Effective as of August 23^rd, 2024