Terms of service
DownShift Terms of Service
Last Updated: 05JAN2025
These Terms of Service (“Terms”) govern your access to and use of www.throttlendollars.com (the “Site”) and any purchases made from DownShift (“DownShift,” “we,” “us,” or “our”). By accessing the Site, creating an account, or making a purchase, you agree to these Terms. If you do not agree, you must not access the Site or place an order.
1. Eligibility
You must be at least 18 years old to use the Site or purchase products.
By placing an order, you affirm and warrant that you meet this requirement.
2. Account Responsibility
You are solely responsible for maintaining the confidentiality of account credentials.
You are responsible for all activity occurring under your account.
You must notify DownShift immediately of any unauthorized use.
3. Product Disclaimer & Risk Acknowledgment
DownShift sells motorcycle apparel, protective-style garments, and helmets.
- Unless explicitly stated, DownShift products are not certified safety equipment.
- All products are provided “as-is,” without warranties of any kind, express or implied.
- DownShift makes no representations that products prevent injury, accidents, or death.
- By using our products, you assume all risks associated with their use.
- DownShift is not liable for injuries, damages, or losses arising from product use or misuse.
Helmet Disclaimer (Daytona Brand)
Helmets sold on the Site are manufactured by Daytona.
DownShift does not manufacture, modify, inspect, or certify helmets.
All liability, warranties, recalls, certifications, or safety claims remain with the manufacturer.
By purchasing a helmet, you acknowledge and agree that DownShift is not responsible for fit, performance, defects, or compliance with safety standards.
4. Orders & Payment Terms
Prices are listed in USD and subject to change without notice.
DownShift may refuse, cancel, or modify any order for any reason, including suspected fraud, chargebacks, resale, or policy violations.
Once an order is confirmed, it cannot be modified or canceled.
Payment disputes or attempts to reverse a charge without prior contact are considered unauthorized and may constitute fraud.
5. Anti-Fraud & Chargeback Policy
Any false or unauthorized chargeback is considered fraud.
Customers must contact DownShift before initiating disputes.
Fraudulent activity may result in:
- Immediate order cancellation
- Permanent account ban
- Legal action and reporting to payment processors
6. Force Majeure
DownShift is not liable for delays, failures, or interruptions caused by events beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, pandemics
- Carrier delays, customs inspections, or government regulations
- Labor strikes, power outages, or system failures
Customers are not entitled to refunds, chargebacks, or cancellations due to such events.
7. Shipping Policy
Orders typically process within 3–10 business days (excluding weekends/holidays).
Delivery times are estimates; DownShift is not responsible for carrier delays.
Customers must provide accurate shipping addresses; shipments to incorrect addresses are not refundable.
Lost or stolen packages marked “delivered” are the customer’s responsibility.
Shipping insurance is strongly recommended.
8. Returns & Refunds
All returns are governed by our Return & Refund Policy (see separate policy).
Items must meet return eligibility criteria.
Pre-orders and limited drops are final sale and non-refundable.
Shipping fees are non-refundable.
9. Intellectual Property
All Site content, graphics, logos, designs, product names, and branding are exclusive property of DownShift.
Unauthorized reproduction, resale, distribution, or commercial use is strictly prohibited and may result in civil or criminal liability.
10. Limitation of Liability
To the fullest extent permitted by law:
DownShift is not liable for indirect, incidental, special, consequential, or punitive damages.
DownShift’s total liability is limited to the purchase price of the product.
This limitation applies to all claims, including breach of contract, tort, negligence, or statutory claims.
11. Indemnification
You agree to indemnify, defend, and hold harmless DownShift, its owners, officers, employees, affiliates, and agents from claims, damages, losses, or expenses (including attorney fees) arising from:
Your use or misuse of products
Violation of these Terms
Fraud, unauthorized transactions, or chargebacks
Violation of laws or third-party rights
12. Mandatory Arbitration, Jury Trial, and Class Action Waiver
All disputes must be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Rules.
Arbitration will be individual only; class, collective, or representative actions are prohibited.
You waive any right to a jury trial in any proceeding arising from these Terms or purchases.
Arbitration takes place in the State where DownShift operates.
13. Governing Law & Consumer Rights
These Terms are governed by U.S. law and the law of the State where DownShift operates, without regard to conflict of law principles.
Applicable California and New York consumer rights are preserved as required by law.
Where state law provides non-waivable rights, this policy will comply with those provisions.
14. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.
15. Contact Information
For questions regarding these Terms, returns, or account issues:
DownShift Support
Email: downshiftmngt@gmail.com
Website: www.throttlendollars.com