Terms of service

OVERVIEW

Welcome to FADEAWAY.

The terms "we", "us", and "our" refer to FADEAWAY LLC. FADEAWAY LLC operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). FADEAWAY is powered by Shopify, which enables us to provide the Services to you.

FADEAWAY is a motorsport-inspired apparel and accessories brand created for fans of sports, racing, automotive culture, and creative design. Through our website, we offer clothing, accessories, and lifestyle products designed to celebrate the passion and excitement of motorsport and sports culture.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy located at https://fadeawaypr.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. Please note that colors and product appearance may differ depending on your device settings and display configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to images displayed on our website.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities available for purchase.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. FADEAWAY reserves the right to accept or decline your order at its sole discretion.

Your order is not accepted until payment has been received and processed and we have confirmed acceptance.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy available at:

https://fadeawaypr.com/policies/refund-policy

You represent and warrant that purchases are intended for personal use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, promotions, and discounts are subject to change without notice.

Unless otherwise stated, posted prices do not include applicable taxes or shipping charges.

You agree to provide accurate payment and billing information and authorize us to charge your selected payment method for all purchases made through our website.

SECTION 5 - SHIPPING AND DELIVERY

Our Shipping Policy is available at:

https://fadeawaypr.com/policies/shipping-policy

Delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather conditions, customs processing, or events beyond our reasonable control.

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

SECTION 6 - INTELLECTUAL PROPERTY

All content available through the Services, including but not limited to trademarks, logos, graphics, photographs, videos, text, product designs, website layouts, and branding elements are owned by FADEAWAY LLC, its licensors, or content providers and are protected by intellectual property laws.

You may not reproduce, distribute, modify, republish, display, transmit, or otherwise use any content without our prior written consent.

SECTION 6A - TRADEMARKS AND BRAND REFERENCES

FADEAWAY may offer products inspired by motorsport, sports culture, automotive culture, and related communities.

All trademarks, logos, team names, manufacturer names, athlete names, racing series names, and other intellectual property referenced on this website remain the property of their respective owners.

Unless expressly stated otherwise, FADEAWAY is not affiliated with, endorsed by, sponsored by, or officially associated with any sports league, racing organization, team, manufacturer, athlete, or trademark owner.

References to third-party brands, names, or products are used solely for descriptive, artistic, editorial, or compatibility purposes where applicable.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services. These tools are provided "as is" and "as available" without warranties of any kind.

Your use of any third-party tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

FADEAWAY is powered by Shopify, which enables us to provide the Services to you.

Any purchases made through our store are made directly with FADEAWAY LLC.

You acknowledge and agree that Shopify is not responsible for any aspect of transactions conducted between you and FADEAWAY.

SECTION 10 - PRIVACY POLICY

Your submission of personal information through the Services is governed by our Privacy Policy, available at:

https://fadeawaypr.com/policies/privacy-policy

By using our Services, you acknowledge that you have read and agree to our Privacy Policy.

SECTION 11 - FEEDBACK

Any feedback, suggestions, reviews, ideas, or other submissions you provide to us may be used by FADEAWAY without restriction and without compensation.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors, inaccuracies, omissions, pricing mistakes, and product information at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may not use the Services for any unlawful purpose or to violate any applicable laws or regulations.

You agree not to interfere with the operation of the Services, attempt unauthorized access, distribute malicious software, or engage in activities that could harm FADEAWAY, Shopify, or other users.

SECTION 14 - AGENTS

Any automated systems, bots, scraping tools, AI agents, or similar technologies accessing the Services must comply with all applicable laws and our access restrictions.

We reserve the right to limit or block automated access at our discretion.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services at any time without prior notice if we believe these Terms have been violated.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FADEAWAY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless FADEAWAY LLC, Shopify, and their respective affiliates, employees, agents, and service providers from claims arising out of your violation of these Terms or your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and FADEAWAY regarding the Services and supersede any prior agreements or communications.

SECTION 21 - ASSIGNMENT

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

We may assign these Terms without restriction.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and applicable federal laws of the United States.

Any disputes arising under these Terms shall be resolved in the courts located within Puerto Rico.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify, or replace any portion of these Terms at any time by posting updates on our website.

Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

FADEAWAY LLC

Email: info@fadeawaypr.com

Phone: (787) 477-9539

Address: