Terms of Service

Effective Date: October 15, 2025

Welcome to Henderson ("we," "us," "our," or "Henderson"). These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SITE.

1. Acceptance of Terms

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of our Site.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years old to use our Site and make purchases. By using this Site, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our services under the laws of any jurisdiction
• All information you provide is accurate, current, and complete

If you are using the Site on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

3.1 Account Creation

To access certain features of our Site, including placing orders and tracking shipments, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or suspicious activity
• Providing false or misleading information
• Engaging in abusive or harassing behavior
• Failure to pay for orders

You may terminate your account at any time by contacting us at jouiet.hat@gmail.com. Termination does not relieve you of any obligations incurred prior to termination.

4. Products and Services

4.1 Product Information

We strive to provide accurate product descriptions, images, and specifications. However:

• Colors may vary due to monitor settings and photography conditions
• Specifications are subject to change by manufacturers without notice
• We do not warrant that product descriptions are 100% accurate, complete, or error-free
• Images are for illustrative purposes and may not reflect the exact product

If you receive a product that does not match its description, please contact us within 7 days of delivery for resolution.

4.2 Pricing

All prices are displayed in United States Dollars (USD) unless otherwise stated. We reserve the right to:

• Change prices at any time without notice
• Correct pricing errors, even after an order is placed
• Modify or discontinue products without notice
• Limit quantities available for purchase

In the event of a pricing error, we will contact you before processing your order and give you the option to proceed at the correct price or cancel your order.

4.3 Product Availability

Product availability is subject to change without notice. We do not guarantee that products will be in stock when you place your order. If an item becomes unavailable after you've placed an order, we will:

• Notify you as soon as possible
• Offer a suitable substitute (subject to your approval)
• Cancel that item from your order and issue a refund

4.4 Safety and Compliance

All safety gear sold on our Site (helmets, protective equipment, etc.) meets or exceeds applicable safety standards (DOT, ECE, SNELL, etc.) as indicated in product descriptions. However:

• You are responsible for selecting gear appropriate for your intended use
• We recommend consulting safety standards and fitting guides before purchase
• Proper fit is essential for safety equipment effectiveness
• Safety equipment has expiration dates and usage limits - follow manufacturer guidelines

5. Orders and Payment

5.1 Placing an Order

When you place an order on our Site, you are making an offer to purchase the products in your cart. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product unavailability
• Pricing or product information errors
• Suspected fraudulent transactions
• Inability to verify payment information
• Delivery restrictions

You will receive an order confirmation email once your order is placed. This confirmation does not constitute acceptance of your order, only acknowledgment of receipt. We accept your order when we ship the products or charge your payment method, whichever occurs first.

5.2 Payment Methods

We accept the following payment methods:

• Major credit cards (Visa, MasterCard, American Express, Discover)
• Apple Pay
• Google Pay
• Shop Pay

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method
• The information you provide is accurate and complete
• You will pay all charges incurred
• You will pay applicable taxes

5.3 Payment Processing

Payment is processed at the time of order placement. We use secure, PCI DSS compliant payment processors. We do not store your full credit card information on our servers.

5.4 Order Cancellation and Modification

You may cancel or modify your order within 2 hours of placement by contacting us at jouiet.hat@gmail.com. Once an order enters our fulfillment process (typically 2 hours after placement), it cannot be modified or cancelled. You may return the item(s) after delivery subject to our Refund Policy.

6. Shipping and Delivery

6.1 Shipping Terms

Shipping terms, costs, and delivery times are detailed on our Shipping Information page. By placing an order, you agree to these shipping terms.

6.2 Delivery

Delivery times are estimates and not guarantees. We are not responsible for delays caused by:

• Shipping carrier delays
• Weather conditions
• Natural disasters
• Customs processing (international orders)
• Incorrect or incomplete shipping addresses provided by you
• Failed delivery attempts (e.g., no one available to sign)

6.3 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the shipping carrier.

6.4 International Shipping

For international orders, you are responsible for:

• All customs duties, taxes, and fees
• Compliance with import regulations in your country
• Providing accurate shipping and contact information

We are not responsible for packages held, delayed, or refused by customs.

7. Returns and Refunds

Our Returns and Refund policies are detailed in our Refund Policy and Returns & Exchanges Policy. By making a purchase, you agree to these policies.

All returns must be authorized in advance. Unauthorized returns will not be accepted or refunded.

8. Intellectual Property Rights

8.1 Ownership

All content on this Site, including but not limited to text, images, graphics, logos, designs, product descriptions, software, and code (collectively, "Content"), is the property of Henderson or our licensors and is protected by:

• Copyright laws
• Trademark laws
• Trade dress laws
• Other intellectual property laws

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Site for personal, non-commercial purposes
• View and print Content for your personal use

This license does not include any right to:

• Resell or make commercial use of the Site or Content
• Copy, reproduce, or duplicate Content for commercial purposes
• Collect product listings, descriptions, or prices (data scraping)
• Use data mining, robots, or similar data gathering tools
• Create derivative works from Site Content
• Frame or mirror any part of the Site

8.3 Trademarks

Henderson and our logo are trademarks of Henderson. All other trademarks, brand names, and logos displayed on our Site are the property of their respective owners. You may not use any trademarks without prior written permission from the trademark owner.

9. Prohibited Uses

You agree NOT to use the Site for any of the following purposes:

• Illegal Activities: Any unlawful purpose or in violation of any local, state, national, or international law
• Fraud: To engage in fraudulent transactions or misrepresent your identity or affiliation
• Harm: To transmit harmful code (viruses, malware, etc.) or disrupt Site operations
• Harassment: To harass, abuse, or harm others, including our staff
• Data Scraping: To collect data about other users or Site content through automated means
• Unauthorized Access: To attempt to gain unauthorized access to our systems or networks
• False Information: To provide false, inaccurate, or misleading information
• Resale: To resell products for commercial purposes without authorization
• Spam: To send unsolicited marketing or promotional communications
• Reverse Engineering: To reverse engineer, decompile, or disassemble any aspect of the Site

Violation of these prohibited uses may result in immediate termination of your account and legal action.

10. User-Generated Content

10.1 Reviews and Comments

You may submit product reviews, comments, and other content ("User Content") on our Site. By submitting User Content, you grant Henderson a perpetual, worldwide, royalty-free, irrevocable license to:

• Use, reproduce, modify, and display your User Content
• Incorporate your User Content into marketing materials
• Distribute your User Content across our platforms and channels

10.2 User Content Guidelines

When submitting User Content, you agree that your content:

• Is accurate and truthful
• Does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Does not contain offensive, inappropriate, or illegal material
• Does not contain spam or promotional content for other businesses

We reserve the right to remove any User Content that violates these guidelines or for any other reason at our sole discretion.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW:

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

• The Site will meet your requirements
• The Site will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Site will be accurate or reliable
• The quality of products or services will meet your expectations
• Any errors in the Site will be corrected

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

HENDERSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits
• Loss of data
• Loss of use
• Loss of goodwill
• Business interruption
• Personal injury
• Property damage

ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Henderson, its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site or products
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your User Content
• Any fraudulent or illegal activity conducted through your account

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

14. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Henderson. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Henderson shall not be liable for any damage or loss caused by your use of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Henderson is registered, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing any formal claim, you agree to contact us at jouiet.hat@gmail.com and attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually acceptable resolution.

15.3 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

The arbitration shall be conducted in English in the jurisdiction where Henderson is located. Each party shall bear its own costs and fees, including attorney fees.

15.4 Class Action Waiver

YOU AND HENDERSON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

15.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination:

• Your right to use the Site will cease immediately
• We may delete your account and Content
• All provisions that should survive termination will remain in effect

Sections 8 (Intellectual Property), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution), and 17 (General Provisions) shall survive termination.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Henderson regarding the use of the Site and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Effective Date" at the top of this page
• Post the revised Terms on the Site
• Notify you via email for material changes (if you have provided an email address)

Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Site.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

Henderson Motorcycle Gear
Email: jouiet.hat@gmail.com
Subject: Terms of Service Inquiry

We will respond to your inquiry within 3-5 business days.

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Last Updated: October 15, 2025

Related Policies:

• Privacy Policy
• Refund Policy
• Returns & Exchanges
• Shipping Information

By using this Site, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.