Terms of service

Terms of Service
Effective date: July 23, 2026

Business Name: ATV‑FitCovers
Owner: Carlos Sotelo
Contact email: candcsewingteam@gmail.com  
Payment processors: Shopify Payments; Stripe; PayPal  
Shipping carriers: USPS; UPS; 

1. Acceptance of Terms
By accessing or using atv‑fitcovers.com (the “Site”) and by placing an order, you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, Shipping Policy, and Returns & Refunds Policy. If you do not agree to these Terms, do not use the Site or place an order.

2. Orders, Pricing, and Order Acceptance
2.1 Product information. We make commercially reasonable efforts to ensure product descriptions, photos, and fitment details are accurate. If you are unsure about vehicle compatibility, contact us at candcsewingteam@gmail.com before placing an order.

2.2 Pricing and availability. Prices and availability are subject to change without notice. We reserve the right to modify or discontinue any product at any time.

2.3 Order acceptance and cancellation. All orders are subject to acceptance by ATV‑FitCovers. We reserve the right to refuse or cancel an order if an item is out of stock, if there is an error in pricing or fitment information, or if fraud is suspected. If we cancel your order, we will notify you promptly by email and issue a full refund to the original payment method within 7 business days of cancellation.

2.4 Payment. Payments are processed by third‑party payment processors (e.g., Shopify Payments, Stripe, PayPal). By placing an order, you authorize these processors to charge your payment method for the total amount of the order, including applicable taxes and shipping fees.

3. Made‑to‑Order Goods, Fitment, Returns, and Refunds
3.1 Made‑to‑order nature. Many of our products are custom made‑to‑order based on customer selections. By placing an order, you acknowledge that the product is manufactured specifically to your specified vehicle pattern.

3.2 Buyer responsibility for fitment. Buyers are solely responsible for verifying their vehicle’s make, model, year, trim, and seat condition prior to purchase. If your seat pan is aftermarket, modified, re-foamed, or non‑OEM, you must contact us at candcsewingteam@gmail.com prior to ordering. ATV‑FitCovers is not responsible for fitment issues caused by incorrect vehicle selection or altered/aftermarket seats.

3.3 Defective or incorrect items. If your product arrives defective, damaged, or incorrect due to our error, notify us at candcsewingteam@gmail.com within 14 days of delivery with your order number and clear photos showing the issue. Approved defect claims will receive a replacement or full refund. We will cover return shipping for items determined to be defective or shipped in error.

3.4 Non‑defective returns and buyer selection error. Custom made‑to‑order items are non‑refundable for buyer selection errors. At our sole discretion, we may accept returns of unused, non‑defective custom items if: (a) you request authorization within 14 days of delivery; (b) the item is returned uninstalled, clean, and in original condition; and (c) you agree to a 20% restocking fee and customer-paid return shipping.

3.5 Return process and refund timing. To request a return or report a defect, email candcsewingteam@gmail.com with your order number and photos. Approved refunds will be issued to the original payment method within 7–14 business days after we receive, inspect, and approve the returned merchandise.

3.6 Chargebacks. We encourage customers to contact us directly to resolve any order concerns. In the event of a chargeback dispute, we will submit complete order, shipping, fitment, and policy records to the processing institution.

4. User Conduct, Intellectual Property, and DMCA
4.1 User conduct. You agree not to use the Site for unlawful activities or attempt to interfere with the Site’s functionality or security.

4.2 Intellectual property. All content on the Site—including images, text, logos, patterns, and graphics—is owned by ATV‑FitCovers or its licensors. Unauthorized copying, distribution, or commercial reuse is strictly prohibited.

4.3 DMCA copyright notices. If you believe site content infringes your copyright, send a formal DMCA notice to candcsewingteam@gmail.com.

5. Limitation of Liability and Indemnification
5.1 Limitation of liability. To the maximum extent permitted by applicable law, ATV‑FitCovers’ maximum aggregate liability arising out of or relating to your use of the Site or products purchased shall not exceed the total purchase price paid for the product giving rise to the claim.

5.2 Exceptions. The limitation in Section 5.1 does not apply to liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be limited or excluded by applicable law.

5.3 Indemnification. You agree to indemnify and hold ATV‑FitCovers and its owner harmless from any claims, losses, liabilities, or expenses (including reasonable attorneys' fees) arising out of your breach of these Terms or misuse of our products.

6. Privacy, Data Security, and Breach Notification
6.1 Privacy. Our collection and use of personal data are governed by our Privacy Policy.

6.2 Data security. We maintain reasonable administrative, technical, and physical safeguards to protect customer data.

6.3 Incident notification. In the event of a security incident involving personal data, ATV‑FitCovers will investigate promptly and, where required by law, notify affected individuals in accordance with applicable law, including Mo. Rev. Stat. § 407.1500.

7. Governing Law and Mandatory Dispute Resolution
7.1 Governing law. These Terms and any purchases made hereunder shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles.

7.2 Mandatory Binding Arbitration and Class Action Waiver. EXCEPT FOR SMALL CLAIMS COURT MATTERS, ANY DISPUTE, CLAIM, OR CONTRAVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR PURCHASES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. ARBITRATION SHALL TAKE PLACE IN CALLAWAY COUNTY, MISSOURI. YOU AND ATV-FITCOVERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

7.3 Opt-Out Procedure. You may opt out of the arbitration requirement in Section 7.2 by emailing candcsewingteam@gmail.com within 30 days of placing your first order. Your opt-out email must include your full name, order number, and a clear statement requesting to opt out of arbitration. If you opt out, disputes shall be subject to the exclusive jurisdiction of the state courts located in Callaway County, Missouri, or the United States District Court for the Western District of Missouri.

8. Miscellaneous
8.1 Severability. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force.

8.2 Entire agreement. These Terms, along with our Privacy Policy, Shipping Policy, and Refund Policy, represent the complete agreement between you and ATV‑FitCovers.

8.3 Contact. Questions regarding these Terms should be directed to candcsewingteam@gmail.com.