Terms of Use
Welcome to the Sturgis Harley-Davidson Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HH-D SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
GENERAL
Sturgis Harley-Davidson("Sturgis H-D") is an A.R.O. (Alternative Retail Outlet) of Harley-Davidson/Buell of Black Hills Harley-Davidson("Dealership"). As such, it's solely owned and operated by the Dealership. All dealerships are independently owned and operated and able to purchase merchandise directly from Harley-Davidson, Inc. or any licensed manufacturer, or distributor at their sole discretion. The Dealership and Sturgis H-D value their customers and respect their privacy. Neither Sturgis H-D nor the Dealership collects customer information; other then required processing your order. However, in an effort to communicate with you about our products, services, and promotions the Dealership and Sturgis H-D will use your E-mail address. The Dealership and Sturgis H-D recognize that they must maintain and use customer information responsibly. Neither Sturgis H-D nor the Dealership share, sell or rent the information you provide to us online to third parties.
AVAILABILITY
Sturgis H-D offers no guarantee of availability of any merchandise/item at any time. If the product you have ordered through the Site is unavailable for any reason, we shall contact you via telephone or e-mail within 72 hours. Sturgis H-D reserves the right to cancel any order for any reason for any time. Any payment received for said order will be promptly refunded. It is our goal to make all items available at all times, but occasionally demand will exceed our supply. When this happens we will mark an item with a "Sold Out" label. If a certain size of an item is unavailable, we shall promptly remove that size from our list of attributes.
PRICING
Prices shown are suggested retail prices. Any additional price or reduction of it will appear in parenthesis, below your retail price on your “Checkout” page. Sturgis H-D collects sales tax for items being shipped in South Dakota. Because we do not have a presence in any other state, we are not required to collect sales tax in those states. Please note, that for all international orders customers are responsible for customs and import duties of the destination country. Because these duties vary by country, Sturgis H-D cannot determine what these fees will be. For more information, please contact your local customs office.
CREDIT CARD PROCESSING
Sturgis H-D does not process your credit card online. Once you have submitted the information through the encrypted SSL, provided by our Web Host, Authorize.net, the data remains on the server. Only the owners of the Dealership and the managers of Sturgis H-D have access to your information. We process your payment in Dealership location on a credit-card terminal directly linked to our financial institution, just like you would have made the purchase in our store. With your merchandise, you shall receive your customer copy of that transaction. All credits will be refunded to the credit card used for the original purchase. When you return your item by mail, we will send you an e-mail confirmation of your credit. Though we process your credit immediately, please allow one to two billing cycles for it to appear on your statement. We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
21-DAY MONEY BACK GUARANTEE
We proudly stand behind the quality brand name that we sell. If you are unhappy with any item you receive for any reason, we will gladly take back any unused item with all tags and labels attached, in the original packaging and refund you the original purchase price including sales tax -- no questions asked -- for 21 days, following the day the order is received online. Simply return the item in its original condition for a full refund. If tags are missing or the original package is damaged we will deduct a 15% restocking fee from your refund. In the unlikely event that we processed your order incorrectly or shipped you a defective item, we will gladly take back that item and credit you the purchase price, sales tax and original shipping costs. In addition, we'll ship the replacement item at no additional charge.
RETURNING A GIFT
When gift items are returned, we will credit the original purchaser's credit card, unless you would like to receive credit for the original purchase price. If you have an existing HH-D account, please indicate this on your return.
Do we want to be able to credit a gift card? If so how would we do this?
Ship Returned Items to:
Black Hills Harley Davidson, Rapid City, SD 57702
We suggest you send all returns by UPS or other shippers who can track your package. If you use regular mail we suggest you insure the shipment. In addition, Sturgis H-D disclaims any implied representation or warranty with regard to this site or its contents, including the merchandise offered on this site. Sturgis H-D IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AN "AS IS" BASIS.
SITE CONTENTS
We may change, move or delete portions of, or may add to, our Site from time to time. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Harley-Davidson, Inc. collectively, and its subsidiaries and/or affiliates ("Sturgis H-D, "Dealership"). Copyright and trade dress, all worldwide rights, titles and interests protect the Site as a whole. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
LINKS TO THIRD PARTY SITES
The Sturgis H-D Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Sturgis H-D or the Dealership and Sturgis H-D and the Dealership 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. Sturgis H-D or the Dealership is not responsible for webcasting or any other form of transmission received from any Linked Site. Sturgis H-D and the Dealership are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sturgis H-D or the Dealership of the site or any association with its operators.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Sturgis H-D on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Sturgis H-D's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Sturgis H-D of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Sturgis H-D will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Sturgis H-D is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Sturgis H-D'S COMMUNICATIONS TO YOU
You agree that Sturgis H-D may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Sturgis H-D's products or services, or for such other purpose(s) as Sturgis H-D deems appropriate.
PRODUCT INFORMATION
Most products displayed at the Site are available at the Sturgis H-D store in Sturgis, South Dakota USA. In some cases, merchandise displayed for sale at the Site may not be available in the Sturgis H-D store. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Sturgis H-D does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
INDEMNIFICATION
You agree to defend, indemnify and hold Sturgis H-D harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent of products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Harley-Davidson's and Sturgis H-D's products and services available in the United States and select foreign markets. This Site is controlled and operated collectively by the Dealership and Sturgis H-D from its offices in Rapid City, South Dakota. This Agreement shall be construed in accordance with the laws of the State of South Dakota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of South Dakota, County of Pennington.
TERMINATION
This Agreement is effective unless and until terminated by either you or Sturgis H-D. You may terminate this Agreement at any time. Sturgis H-D also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Sturgis H-D's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Sturgis H-D, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.