Terms of service
Terms of Service
Last Updated: June 2026
Welcome to Fluff Pen Powersports. By accessing our website, browsing our products, or placing an order, you agree to be bound by the following Terms of Service. If you do not agree with these terms, please do not use our website.
1. About Us
Fluff Pen Powersports is a Wisconsin-based business specializing in the sale of used and new powersports parts and accessories for ATVs, UTVs, side-by-sides, snowmobiles, personal watercraft, motorcycles, and related vehicles.
2. Use of This Website
By using this website, you agree to use it only for lawful purposes and in accordance with these Terms of Service. You may not use this website in any way that could damage, disable, or impair the operation of the site or interfere with another person's use of the website.
We reserve the right to refuse service, terminate accounts, cancel orders, or restrict access to our website at our sole discretion.
3. Product Information and Condition
We make every effort to accurately describe, photograph, and identify all products offered for sale. However, errors may occasionally occur, and we do not guarantee that all descriptions, specifications, images, pricing, or other content are completely accurate, complete, or current.
Used Parts Condition
Most products sold by Fluff Pen Powersports are pre-owned and may show signs of normal use, including cosmetic wear, scratches, fading, corrosion, dirt, or other imperfections consistent with previously used parts. Customers should carefully review all photographs and product descriptions before purchasing. Product photos are considered part of the item description and represent the condition of the item being purchased. If multiple quantities of an item are available, items not pictured will be in substantially similar condition unless otherwise noted.
Vehicle Compatibility
Vehicle compatibility information is provided as a convenience only. It is the buyer's responsibility to verify that a part is compatible with their specific make, model, year, and configuration before purchase.
Fluff Pen Powersports is not responsible for costs associated with incorrect fitment, installation, labor, towing, downtime, diagnostic fees, or related expenses.
4. Pricing and Availability
All prices are subject to change without notice.
While we strive to ensure accurate pricing and inventory information, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel orders arising from such errors. If an order is canceled after payment has been received, a full refund will be issued.
5. Order Acceptance
Submission of an order does not guarantee acceptance of that order.
Fluff Pen Powersports reserves the right to refuse, limit, or cancel any order for any reason, including but not limited to inventory shortages, pricing errors, suspected fraud, shipping restrictions, or other circumstances beyond our control.
6. Shipping
Orders are processed and shipped every business day.
Delivery dates provided during checkout or by shipping carriers are estimates only and are not guaranteed. Delays caused by shipping carriers, customs agencies, weather events, labor disruptions, or other circumstances beyond our control do not constitute grounds for cancellation or liability.
Customers are responsible for providing accurate shipping information. Additional charges may apply if an order must be reshipped due to an incorrect address.
7. Returns and Refunds
Returns and refunds are governed by our separate Return & Refund Policy. By placing an order, you acknowledge that you have reviewed and agreed to that policy.
8. International Orders
Customers outside the United States are responsible for any customs duties, taxes, import fees, VAT, GST, brokerage fees, or other charges imposed by their country or local authorities.
Fluff Pen Powersports is not responsible for delays resulting from customs inspections or international shipping processes.
9. Intellectual Property
All content on this website, including text, images, graphics, logos, product descriptions, vehicle fitment and website design elements, is the property of Fluff Pen Powersports or its licensors and may not be copied, reproduced, distributed, or used without prior written permission.
10. Disclaimer of Warranties
Unless otherwise stated, products sold by Fluff Pen Powersports are provided on an "as-is" and "as-available" basis.
To the fullest extent permitted by law, Fluff Pen Powersports disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any warranties that cannot be legally disclaimed shall be limited to the minimum extent required by applicable law.
11. Limitation of Liability
To the fullest extent permitted by law, Fluff Pen Powersports shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from the use of our website, products, or services.
This includes, but is not limited to:
-
Loss of profits
-
Loss of business
-
Loss of use
-
Vehicle downtime
-
Towing expenses
-
Labor costs
-
Diagnostic fees
-
Installation costs
-
Travel expenses
-
Any other consequential damages
In all circumstances, our total liability shall not exceed the amount paid for the product giving rise to the claim.
12. Third-Party Services and Links
Our website may contain links to third-party websites, payment providers, shipping providers, or other services. We are not responsible for the content, privacy practices, policies, or actions of third parties.
13. Indemnification
You agree to indemnify, defend, and hold harmless Fluff Pen Powersports and its owners, employees, agents, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your misuse of the website, violation of these Terms of Service, or violation of any applicable law.
14. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles.
Any disputes arising from these Terms shall be resolved in the appropriate courts located within the State of Wisconsin.
15. Changes to These Terms
We reserve the right to update, modify, or replace these Terms of Service at any time. Changes become effective immediately upon posting to this website.
Continued use of the website after changes are posted constitutes acceptance of the revised Terms.
16. Contact Information
Fluff Pen Powersports
Eau Claire, Wisconsin, United States
For questions regarding these Terms of Service, please contact us using the contact information provided on our website.
