TERMS OF SERVICE

Terms of Service

Last updated: Jan 15, 2025

1. Overview

Welcome to AllAmericanKTM.com. These Terms of Service (“Terms”) govern your access to and use of our website, services, and any transactions made through our site. By accessing our website or purchasing from us, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not access the website or use our services.

This site is operated independently and is not maintained by KTM North America, Inc. While we offer KTM-branded parts and accessories, we do not guarantee the accuracy of article numbers as recommended by KTM North America, Inc. We recommend confirming part compatibility with your authorized dealer.

2. Use of Our Website

You must be at least the age of majority in your state or province of residence, or have permission from a guardian, to use this site. You agree not to use our products or site for any unlawful purpose or in violation of any laws.

3. Store Policies

a. Product Availability and Accuracy

We strive to keep inventory and product data up-to-date. However, stock levels and pricing are subject to change without notice. In rare cases, discrepancies may occur due to high order volumes or sync delays. If an item you ordered is out of stock, we will contact you with options to backorder, substitute, or cancel with a full refund.

b. Orders and Billing

We reserve the right to refuse or cancel orders at our discretion. This includes orders suspected of being placed by resellers or bulk purchasers. You agree to provide accurate, up-to-date billing, shipping, and contact information.

4. Returns and Exchanges

Eligible Returns:

  • Items must be returned within 90 days of delivery.
  • Products must be new, unused, and in original packaging with all tags intact.
  • Return shipping is the buyer’s responsibility unless due to our error.

Not Eligible for Return:

  • Items returned after 90 days.
  • Products that are used, dirty, damaged, altered, or missing packaging or tags.
  • Custom orders, including suspension and custom wheel assemblies.
  • Opened electronics or special-order items.

Return Instructions: Do not return items in the product’s original retail packaging alone. Use a separate shipping box to prevent damage. Refunds may be denied if products are returned improperly packaged or used.

5. Shipping & Delivery

We ship to the address you provide at checkout. Please double-check it carefully. Failed deliveries due to incorrect addresses or multiple missed delivery attempts will result in the package being returned to our warehouse. In such cases:

  • If the address provided was incorrect, we are not liable for a refund.
  • If a refund is granted at our discretion, it will be minus the original shipping costs.
  • You must place a new order if you still want the item.
  • We are not responsible for any return shipping charges in such scenarios.

6. Pricing and Discounts

  • All prices are subject to change without notice.
  • Discounts cannot be combined or applied to sale items or gift cards.
  • Promotional offers may be limited in quantity or duration.

7. Intellectual Property

All content on AllAmericanKTM.com is protected by applicable copyright and trademark laws. You may download or print materials for personal use only. Any unauthorized use, including reproduction or distribution of site content, is strictly prohibited.

8. Limitation of Liability

AllAmericanKTM.com and its affiliates shall not be liable for any damages resulting from the use or inability to use this website or the services provided, including but not limited to incidental, indirect, or consequential damages. Products and services are provided “as is” and “as available,” without warranties of any kind unless explicitly stated.

9. Indemnification

You agree to indemnify, defend, and hold harmless All American KTM and its affiliates, partners, directors, employees, and agents from any claims or demands resulting from your breach of these Terms or your violation of any law or third-party rights.

10. User Comments and Feedback

By submitting comments, ideas, suggestions, or feedback, you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and distribute that content. We reserve the right to remove any user content we find inappropriate or in violation of these Terms.

11. Mobile Messaging Terms

By subscribing to our SMS service, you agree to receive recurring texts (order updates, promotions, etc.). Message and data rates may apply. You can opt out at any time by replying STOP or contacting us. We are not responsible for delayed or undelivered messages.

12. Modification of Terms

We may revise these Terms at any time by posting an updated version on our website. Continued use of the site after any changes constitutes your acceptance of the revised Terms.

13. Arbitration Agreement

By using our website, you agree that any disputes arising out of or relating to these Terms or your use of our services will be resolved through final and binding arbitration, rather than in court. You waive your right to participate in class actions or class arbitrations.

14. Governing Law

These Terms and all disputes arising under them shall be governed by the laws of the State of California. Venue for all legal disputes shall be in San Diego County, CA.

15. California Proposition 65 Warning

Some products may contain chemicals known to the State of California to cause cancer or reproductive harm. For more information, visit www.P65Warnings.ca.gov.

16. Contact Information

If you have any questions about these Terms or any other inquiries, please contact:

All American KTM
14168 Poway Rd
Poway, CA 92064
Email: info@allamericanktm.com