Raci-Babi Terms of Service

Overview

This website is operated by Raci-Babi LLC. Throughout the site, the terms “we”, “us” and “our” refer to Raci-Babi LLC. Raci-Babi LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any malicious software or code of any malicious or destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

For your protection credit card and bank information IS NOT gathered by Raci-Babi LLC. Payment processing is provided by third parties (such as PayPal) who directly gather information from you to and process your payment. Your payment account information is not supplied to nor recorded by Raci-Babi LLC or its website(s).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness, and timeliness of information

While every effort is made to convey accurate ad timely information errors are possible. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You can help keep the information on this site accurate. Should you encounter information that does not accurately reflect our product of if there is other incorrect information on this website please contact us using or Contact Us webpage.

Section 4 - Modification to the service and prices.

Prices for our products are subject to change without notice, however we will honor any price quote made to you per the terms of the quote if you Contact US via the link on our website or using any of the contact options shown at the bottom of any page on our website. We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5.1 - Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We offer a total customer satisfaction guarantee that that offers a free replacement or refund for the entire purchase price of the product (including shipping) for the lifetime of your purchase.

Our limitation of liability is the original purchase price of the product/order and any shipping if charged. In no event will our liability exceed the purchase price paid by the buyer.

Our Refund, Exchange and Replacement Policy can be reviewed here or you can contact us using the contact information listed at the bottom of this page.

Section 5.2 - Products or services purchased and/or received through third parties

We will sometimes offer our products through third parties (i.e. Deal Gap Motorcycle Resort) and are happy to handle any replacement or refund requests you may have in support of these vendors.

Additionally from time to time we will offer free product as prizes for motorcycle shows, clubs and organizations and are will exchange or replace your defective product free of charge. Products received as a prize or free promotion are not eligible for refunds.

Please us our Contact Us form to let us know how to contact you to arrange for replacement or refund as applicable.

Section 6 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

On rare occasions an inaccurate inventory level may allow an product that is out of stock to be ordered. Should this occur we will immediately attempt to contact you via email.

If you reply within 24 hours we will offer you a similar product. If you accept the similar product and the price is less than the original order we will refund any difference.

If the offered product is of a higher price we will reduce its price to that of the originally ordered product.

If you do not respond within 1 day to our email advising you of the issue, we will refund you your order.

If we refund your order and you decide to take advantage of the additional discount we offered above simply reply to the email or contact us via our Contact Form and we will help you expedite the revised order and apply any discounts due.

We try to always fulfill your order as quickly and accurately as possible, so when an unavailable product issue occurs we additionally discount your order an another 10 percent as a goodwill gesture.

You may also opt to cancel the order by replying to our email . Your purchase will be immediately refunded per our Returns, Refunds and Exchanges Policy.

Section 7 - Third-party links

Certain content via hyperlink may include materials and content from third-parties.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 8 - User content, feedback, and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy Click Here.

Section 10 - Errors, inaccuracies, and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

You can help keep the information on this site accurate. Should you encounter information that is in error or inaccurate or we have omitted something on this website please contact us using or Contact Us webpage.

Section 11 - Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

Section 12 - Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Raci-Babi LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 - Indemnification

You agree to indemnify, defend and hold harmless Raci-Babi LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 14 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 16 - Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and the County of Hernando County, Florida.

Section 18 - Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 19 - Returns

If you are unhappy with your purchase at any time we will happily issue you, at your choice, a refund or offer you an exchange or replacement

To begin a refund, exchange or please refer to our Refunds, Exchanges and Replacements webpage.

Section 20 - Order Confirmations

You will receive two order confirmations.

Section 20.1 - Order confirmation from PayPal

As soon as you place your order, you will receive an order confirmation e-mail from PayPal confirming your payment. This means that we have received your order in our system and will be processing within the next business day.

Section 20.2 - Confirmation from Raci-Babi

Upon receipt of your paid order we will review the order to ensure all product(s) are in-stock and place the order in our fulfillment queue.

We will send you a confirmation email to let you know we are preparing your order and depending on the product(s) purchased we will include information on how to get the best results from your purchase. This email is tailored to your purchases and if you have any questions, comments or suggestions you can reply to the email to alert the person fulfilling your order to your concerns.

If an order cannot be fulfilled or there will be a delay in fulfillment we will contact you via email immediately to make sure we will be able to meet your expectations for the order.

If there are any issues will work with you on a priority basis to complete the order or refund your order if desired. If you choose to refund the order we will immediately issue a complete refund.

Section 20.3 - Preparing your order and shipping confirmations

Once your order is prepared we will prepare the shipping label(s) and obtain the mailing label(s) for your order.

Delivery Address Issues

Occasionally we will find that the address entered during the order process may be rejected by our shipping vendor. In most cases we are able to do a quick internet search and either verify the address or find an obvious correction in which case we will make the appropriate changes on the shipping label.

On rare occasions we will not be able to verify the address. In this case we will immediately email you with a request to verify your delivery address. We will hold your order pending your verification of the address so a prompt reply helps us get your order to you as quickly as possible. Please note that mail address verification systems can reject an address that the post office does actually deliver to. Your reply verifying your address allows us to comfortably override the rejection and get your purchase on its way to you.

Shipping Information Confirmation Email

Once your address is verified you will be sent an email on our behalf from our shipping vendor. This email will include a link to your tracking information.

Please note that your tracking number will not show any progress through the USPS system until it is logged in by the carrier. This will normally be before the end of the day when you receive the confirmation email unless that day is not a normal USPS business day, in which case the tracking will start when USPS logs in the email as received.

Section 21 - Order shipment

If your order is in stock and we received your payment, your order will ship within 1 business day of your order. Most orders received by our shipping cutoff ship the same business day.

For more information on our shipping procedures please visit our Shipping Policy page.

Section 22 - Damaged Shipments

If your purchase is damaged in shipping we will gladly replace or refund your purchase.

Simply use our Contact Us page to alert us and we will expedite a replacement or refund as quickly as possible, normally the same business day.

Please document the damage if possible

Although not required, we ask that you please take a picture of the damaged shipping materials so that we may, if necessary, file a claim with the shipper. This will not delay your refund or replacement. It allows us to recoup from the shipper losses that are covered by our insurance with the carrier.

Section 23 - Cancellations

You may cancel your order at any time. Simply use our Contact Us page to let us know.

Cancelled orders will be refunded immediately on notice from you via our Contact Us webpage.

Cancelled orders will be refunded in full in accordance with our Refunds, Returns, Exchanges and Replacements policy page.

There is no penalty to you to cancel an order.