Terms of service

These Terms of Service govern your access to and use of apacegear.com, including any purchases made through the website.

The website is owned and operated by APACE Moto Gear Inc., a Texas corporation. Throughout these Terms, “APACE,” “we,” “us” and “our” refer to APACE Moto Gear Inc. “You” and “customer” refer to any visitor, customer or person using the website.

By visiting the website, submitting information or purchasing a product, you agree to these Terms of Service and the policies incorporated into them.

If you do not agree to these Terms, you must not use the website or place an order.

Nothing in these Terms limits any mandatory consumer right that cannot lawfully be excluded.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to place an order.

A parent or legal guardian may place an order on behalf of a minor.

By placing an order, you confirm that:

• The information you provide is accurate
• You are legally authorized to use the payment method
• You have authority to enter into the transaction
• Your purchase complies with applicable law

You may not use the website for fraudulent, unlawful or unauthorized purposes.

2. Website platform

Our online store is hosted by Shopify, which provides the e-commerce platform used to display and sell our products.

Your use of payment, checkout or other services provided through Shopify may also be subject to Shopify’s applicable terms and policies.

Purchases made through Amazon, another marketplace, an authorized dealer or a third-party platform are governed by that platform’s applicable terms, return procedures and buyer-protection rules.

3. Products and product information

We make reasonable efforts to describe and display products accurately.

However:

• Colors may vary because of lighting, photography and screen settings
• Measurements may be subject to reasonable manufacturing tolerances
• Sublimated graphics may have minor placement differences
• Product specifications may be updated where functionality and overall quality are not materially reduced
• Lifestyle photographs may show helmets, boots, motorcycles, bicycles, gloves or accessories that are not included unless specifically stated
• Product availability may change without notice

Customers must review the product description, included components and size chart before ordering.

A minor color, print-position or measurement variation that falls within reasonable manufacturing tolerances is not automatically a manufacturing defect.

Nothing in this section limits rights relating to products that are materially defective, incorrect or materially different from their description.

4. Sizing and fit

Motocross and BMX apparel fit differently from ordinary casual clothing.

Customers are responsible for:

• Reviewing the applicable APACE size chart
• Measuring themselves or a comparable garment
• Selecting the correct jersey and pants sizes
• Confirming measurements before approving customization

Where separate jersey and pants sizing is offered, customers must select both sizes carefully.

Choosing an incorrect size does not constitute a manufacturing defect. Eligible non-personalized products may still be returned or exchanged in accordance with our Return and Refund Policy.

5. Orders and acceptance

Submitting an order does not guarantee acceptance.

After an order is submitted, you may receive an automated acknowledgment. This confirms that we received the order but does not necessarily mean that it has been accepted or shipped.

We may reject, limit or cancel an order before shipment or before customization or production begins where reasonably necessary, including because of:

• Product or size unavailability
• Pricing or product-information errors
• Payment failure
• Suspected fraud or unauthorized payment
• Abusive ordering behavior
• An incomplete or invalid address
• A request involving unlawful or infringing custom content
• A technical or inventory error
• Restrictions affecting the destination country

If we cancel a paid order before fulfilment, we will refund the amount collected for the cancelled portion to the original payment method.

We may limit quantities or refuse orders that appear to be placed for unauthorized resale, policy abuse or fraudulent purposes.

6. Pricing

Prices are displayed in the currency selected on the website or at checkout.

Prices may change without notice, but changes will not ordinarily affect an order already accepted.

We attempt to ensure pricing is accurate. If a material pricing error occurs, we may:

• Contact you for confirmation at the correct price, or
• Cancel the affected item and issue a refund

Promotional prices, discount codes and offers may be subject to separate conditions.

7. Payments

Payment must be authorized before an order is processed.

You authorize us and our payment providers to charge:

• The product price
• Shipping charges
• Applicable sales tax
• Any additional amount clearly disclosed and approved at checkout

We do not guarantee that every payment method will remain continuously available.

We may delay or cancel an order where payment verification is unsuccessful or where additional verification is reasonably required to prevent fraud.

8. Taxes, customs and duties

US sales tax may be collected where required.

For international orders, import VAT, customs duties, brokerage charges and other local fees may apply unless checkout specifically states that they are included.

The customer is responsible for charges imposed by the destination country where those charges were not collected at checkout.

International shipping and customs responsibilities are explained further in our Shipping Policy.

9. Customized and personalized products

Customized products include products made or modified according to a customer’s instructions, including:

• Rider names
• Rider numbers
• Team names
• Custom logos
• Custom colors
• Custom graphics
• Custom measurements
• Customer-approved design changes

Customers are responsible for checking the accuracy of all submitted names, numbers, measurements, logos and instructions.

APACE is not responsible for an error that exactly reproduces incorrect information submitted or approved by the customer.

Where a design proof is provided, the customer must review it carefully. Approval confirms acceptance of the spelling, numbers, layout and design shown in the proof.

After production or customization begins, personalized products cannot normally be:

• Cancelled
• Changed
• Returned for a change of mind
• Exchanged because of incorrect size selection

This restriction does not apply when a product is defective, damaged, produced incorrectly or materially different from the approved order.

We may reject custom content that:

• Infringes another party’s trademark, copyright or other rights
• Is unlawful, threatening, hateful or obscene
• Misrepresents affiliation with a person, team, business or organization
• Could expose APACE to legal or reputational harm

By submitting custom artwork, you confirm that you own it or have permission to use it.

10. Returns, exchanges and refunds

All returns, exchanges, cancellations and refunds are governed by the APACE Return and Refund Policy.

In summary:

• Eligible standard products may be returned within the stated return period
• Returned products must meet the required condition standards
• Sale-priced products are not automatically non-returnable
• Products specifically identified as Final Sale may be excluded where permitted by law
• Personalized products are generally not eligible for change-of-mind returns after production begins
• Defective, damaged, incorrect or materially misdescribed products remain covered
• Mandatory consumer rights are not affected

The complete Return and Refund Policy controls where there is a question concerning return eligibility.

11. Shipping and delivery

Processing periods, estimated transit times, customs responsibilities and delivery procedures are explained in our Shipping Policy.

Delivery dates are estimates unless we expressly guarantee a particular date in writing.

Customers are responsible for providing a complete and accurate shipping address.

APACE is not responsible for delays caused solely by:

• Incorrect customer information
• Carrier disruption
• Severe weather
• Customs inspection
• Natural disasters
• Strikes
• Government action
• Security events
• Other circumstances outside our reasonable control

This does not remove any mandatory right relating to delayed or undelivered orders.

12. Order changes and cancellations

Contact us immediately at info@apacegear.com to request an order change or cancellation.

We cannot guarantee a change or cancellation after:

• Fulfilment has begun
• A shipping label has been created
• The order has been dispatched
• Customization has begun
• Production of a made-to-order product has begun

Submitting a cancellation request does not confirm that the order has been cancelled. We will confirm whether the request was successful.

13. Discounts and promotional offers

Promotional offers may:

• Have an expiration date
• Apply only to selected products
• Require a minimum order value
• Be limited to one use per customer
• Be unavailable with other discounts
• Exclude shipping, taxes or custom charges

Unless otherwise stated, discount codes cannot be combined.

We may cancel or reverse a promotion that was obtained through:

• Technical manipulation
• Multiple accounts
• False information
• Automated abuse
• Unauthorized publication or use
• Any other fraudulent method

Cancelling a fraudulent discount does not affect legitimate mandatory consumer rights.

14. Chargebacks and payment disputes

Customers should contact us at info@apacegear.com before initiating a payment dispute so that we have an opportunity to investigate and resolve the issue.

Nothing in these Terms removes a customer’s legitimate right to contact their payment provider.

However, APACE may contest a chargeback supported by evidence that:

• The order was delivered
• The customer retained the product
• The claim is materially false
• A return was never sent
• A different or used product was returned
• The customer received a replacement or refund
• The transaction was otherwise properly fulfilled

Fraudulent disputes may be reported to the payment provider, carrier, marketplace or appropriate authority.

15. Intellectual property

The APACE name, APACE logos, website design, product graphics, product photographs, videos, written content, illustrations and other website materials are owned by or licensed to APACE Moto Gear Inc.

You may not, without prior written permission:

• Copy or reproduce website content
• Use APACE trademarks or logos
• Copy product graphics or designs
• Create misleadingly similar products or branding
• Remove copyright or ownership notices
• Use website images for commercial listings
• Scrape or systematically extract website content
• Misrepresent yourself as an APACE dealer or representative

Personal, non-commercial browsing of the website is permitted.

16. Reviews, photographs and customer submissions

Where you voluntarily submit a review, photograph, video, testimonial or other content for publication, you confirm that:

• The content is accurate and based on genuine experience
• You own the content or have permission to submit it
• It does not violate another person’s rights
• It is not unlawful, threatening, deceptive or defamatory

You grant APACE a non-exclusive, worldwide, royalty-free license to use, reproduce and display the submitted content for website, social-media, advertising and promotional purposes, unless otherwise agreed in writing.

You remain the owner of your original content.

We may remove submissions that violate these Terms or applicable law.

17. Prohibited conduct

You may not use the website to:

• Commit fraud
• Submit false information
• Interfere with website security
• Upload malware or harmful code
• Access another person’s account
• Scrape or harvest data without authorization
• Infringe intellectual-property rights
• Place orders using stolen payment information
• Conduct abusive return or promotional activity
• Misrepresent your identity or affiliation
• Violate applicable law

We may restrict or terminate access where we reasonably believe these Terms have been violated.

18. Riding and safety notice

Motocross, BMX, mountain biking, enduro and other action sports involve inherent risks, including falls, collisions, serious injury, property damage and death.

Unless expressly stated and certified otherwise, APACE jerseys, pants and casual apparel are clothing and are not represented as certified personal protective equipment.

APACE apparel is not a substitute for:

• An approved helmet
• Proper boots
• Body armor
• Knee, elbow, chest or back protection
• Appropriate training
• Safe riding practices
• Track or event rules
• Bicycle or motorcycle maintenance

Customers are responsible for using appropriate safety equipment and determining whether a product is suitable for their intended activity.

Nothing in this section excludes liability for defective products, negligence or any responsibility that cannot legally be excluded.

19. Third-party services and links

The website may contain links to independent websites, payment providers, social networks or other third-party services.

We do not control and are not responsible for the independent content, security, privacy practices or availability of third-party services.

Use of third-party services is subject to their own terms and policies.

20. Website availability

We do not guarantee that the website will always be uninterrupted, secure or error-free.

We may modify, suspend or restrict parts of the website for:

• Maintenance
• Security
• Technical updates
• Legal compliance
• Business or operational reasons

We are not responsible for temporary website unavailability caused by events outside our reasonable control.

21. Disclaimer relating to the website

Except as required by law, the website and its general informational content are provided on an “as available” basis.

We do not guarantee that:

• The website will operate without interruption
• All technical errors will be corrected immediately
• Every device or browser will display content identically
• Third-party services will remain available

This disclaimer concerns the website service and does not remove warranties, guarantees or consumer rights that apply to products purchased from us.

22. Limitation of liability

To the maximum extent permitted by law, APACE Moto Gear Inc. will not be liable for indirect, incidental, special or consequential losses resulting solely from:

• Inability to access the website
• Unauthorized misuse of the website
• Third-party websites
• Events outside our reasonable control

Where liability cannot legally be excluded, it remains unaffected.

Nothing in these Terms excludes or limits liability for:

• Fraud
• Deliberate misconduct
• Death or personal injury where exclusion is prohibited
• Defective products where applicable law imposes liability
• Mandatory statutory consumer rights
• Any other liability that cannot lawfully be limited

23. Indemnification

To the extent permitted by law, you agree to indemnify APACE Moto Gear Inc. against third-party claims arising directly from:

• Your unlawful use of the website
• Your violation of these Terms
• Custom content that infringes another party’s rights
• Fraudulent activity conducted through your account
• Your intentional misuse of APACE intellectual property

This section does not apply to claims caused by APACE’s own wrongful conduct.

24. Force majeure

APACE will not be responsible for a delay or failure caused by circumstances beyond its reasonable control, including:

• Natural disasters
• War or civil disturbance
• Government restrictions
• Carrier shutdowns
• Customs disruption
• Strikes
• Epidemics
• Fire
• Flood
• Widespread system outages
• Material supply disruption

Where an order cannot be fulfilled, we will provide the remedy required by applicable law.

25. Governing law and disputes

These Terms are governed by the laws of the State of Texas and applicable federal law of the United States, without regard to conflict-of-law principles.

Subject to mandatory consumer law, disputes relating to these Terms or purchases from the website will be handled by courts with appropriate jurisdiction in Travis County, Texas.

Customers may retain the right to bring a claim in their country or state of residence where mandatory law provides that right.

Before starting formal proceedings, customers are encouraged to contact info@apacegear.com so that the matter can be reviewed and potentially resolved.

26. Separate commercial agreements

Wholesale, dealer, sponsorship, team, custom-manufacturing or business-to-business transactions may be governed by a separate quotation, invoice, purchase order or written agreement.

Where a signed written agreement directly conflicts with these Terms, the specific written agreement will control for that transaction.

27. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

The unenforceable provision will be interpreted or limited only to the extent necessary to make it enforceable where legally possible.

28. No waiver

Failure by APACE to enforce a provision on one occasion does not waive the right to enforce it later.

29. Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

APACE may transfer these Terms as part of a merger, restructuring, sale of assets or transfer of the business, subject to applicable law.

30. Entire agreement

These Terms, together with the policies referenced on the website, form the agreement governing use of the website and purchases made through it.

Order notes or customer messages do not modify these Terms unless APACE expressly agrees in writing.

31. Changes to these Terms

We may update these Terms to reflect changes in law, website functionality or business operations.

Material changes will apply prospectively from the published effective date and will not retroactively remove rights relating to an already accepted order.

The latest version will be published on this page.

32. Contact information

Questions about these Terms may be directed to:

APACE Moto Gear Inc.
5900 Balcones Dr, 22003
Austin, TX 78731
United States

Email: info@apacegear.com
Website: apacegear.com