Terms of service

OVERVIEW

Welcome to 4x4 Mega Store. Throughout these Terms, “4x4 Mega Store,” “we,” “us,” and “our” refer to SMAASH INC., doing business as 4x4 Mega Store.

These Terms of Service (“Terms”) apply to your access to and use of our website, store, content, tools, features, products, and services (collectively, the “Services”). Our store is hosted on Shopify, which provides the e-commerce platform that allows us to offer products and services to you.

By visiting our website, using the Services, or purchasing from us, you agree to be bound by these Terms and by our Privacy Policy, Refund Policy, and Shipping Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

Privacy Policy: /policies/privacy-policy
Refund Policy: /policies/refund-policy
Shipping Policy: /policies/shipping-policy

We may update these Terms from time to time. Your continued use of the Services after updated Terms are posted constitutes acceptance of those changes.

SECTION 1 - ELIGIBILITY AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are using the Services with the permission and supervision of a parent or legal guardian.

You may be required to provide account, payment, billing, shipping, vehicle, or other information to use certain parts of the Services or place an order. You agree that all information you provide is accurate, current, and complete, and that you have the legal right to use any payment method you provide.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

SECTION 2 - PRODUCTS, FITMENT, AND VEHICLE USE

We sell aftermarket, performance, off-road, and vehicle-specific products. It is your responsibility to confirm that any product you purchase is compatible with your vehicle, intended use, and application before placing an order.

Product descriptions, fitment notes, photos, videos, dimensions, specifications, finishes, packaging, availability, and other content are provided for general reference only. Actual product appearance, included components, hardware, instructions, finish, packaging, and specifications may vary.

Some products may be intended for off-road use only, competition use only, or may not be legal for use on public roads in all states, counties, or jurisdictions. You are solely responsible for determining whether your purchase, installation, and use of any product complies with all applicable laws, regulations, emissions requirements, inspection requirements, safety standards, and local rules.

Improper product selection, installation, setup, modification, or use can cause vehicle damage, personal injury, or death. Professional installation is recommended where appropriate. You agree to follow all manufacturer instructions, warnings, torque specifications, and limitations.

We reserve the right to change product descriptions, pricing, availability, and specifications at any time without notice.

SECTION 3 - ORDERS

Placing an order is an offer to purchase. We reserve the right to accept, reject, limit, or cancel any order at our discretion, including due to pricing errors, product availability, suspected fraud, suspected unauthorized activity, or errors in product or customer information.

An order is not considered accepted until payment has been authorized and we have processed the order.

If we change or cancel an order after submission, we may attempt to notify you using the contact information provided at checkout.

Please review your order carefully before submitting it. Once an order has been processed, changes or cancellations may not be possible.

SECTION 4 - PRICING, PAYMENT, AND BILLING

All prices are subject to change without notice. The price charged will be the price shown at the time your order is submitted, unless there is an obvious pricing or listing error.

Unless otherwise stated, listed prices do not include taxes, shipping charges, handling fees, freight charges, customs duties, import charges, or similar fees.

You agree to provide valid payment and account information and authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and shipping-related charges.

Promotions, discounts, coupon codes, and special offers may be subject to additional terms and may be modified or discontinued at any time.

SECTION 5 - SHIPPING, DELIVERY, AND RISK OF LOSS

We currently ship within the contiguous United States.

Standard shipping rates, any free-shipping thresholds, shipping exclusions, freight delivery requirements, and related terms are described in our Shipping Policy. Delivery estimates shown at checkout are estimates only, are based on business days, and are not guaranteed.

Orders shipping to an address different from the billing address may require additional review or verification before shipment. We do not ship to P.O. Boxes, APO addresses, or FPO addresses.

Some items may ship separately. If part of your order is unavailable, we may hold the order until all items are ready or ship available items first and send the remaining item or items when they become available. Additional shipping charges may apply in certain cases for split shipments on orders that do not qualify for free shipping.

Some items are oversized, heavy, hazardous, or otherwise unsuitable for standard parcel service and may ship by freight or LTL carrier. Freight or LTL items may not qualify for standard shipping offers and may require appointment scheduling, curbside delivery, liftgate service, signature, or additional charges.

It is your responsibility to inspect freight shipments at delivery and note any visible damage before signing. Failure to do so may affect the ability to pursue a freight damage claim.

To the fullest extent permitted by law, title to and risk of loss for products pass to you when the shipment is delivered to the carrier.

SECTION 6 - RETURNS, REFUNDS, AND CANCELLATIONS

Returns, refunds, exchanges, and order cancellations are governed by our Refund Policy.

Not all items are eligible for return. Certain items, including special-order items, custom items, used items, installed items, clearance items, mounted items, and other excluded products, may not be returnable.

Orders that have already shipped cannot be canceled. If an order has not yet shipped, we may attempt to honor a cancellation request, but cancellation is not guaranteed.

Original shipping charges are non-refundable unless required by law or expressly approved by us.

SECTION 7 - WARRANTY DISCLAIMER FOR PRODUCTS

Any manufacturer warranty that may apply to a product is provided by the manufacturer, not by 4x4 Mega Store, unless expressly stated otherwise in writing.

We do not guarantee that any product will meet your specific expectations, application, performance goals, ride quality preferences, installation goals, emissions requirements, or intended use.

We are not responsible for labor costs, installation costs, alignment charges, tuning charges, paint or coating costs, diagnostic charges, shop supplies, towing, storage fees, rental charges, downtime, loss of use, or any other incidental or third-party expenses arising from the purchase, installation, removal, replacement, return, or warranty claim of any product.

SECTION 8 - CALIFORNIA WARNINGS AND EMISSIONS COMPLIANCE

Certain products sold through our store may contain or expose you to chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Where applicable, California Proposition 65 warnings may appear on product pages, product packaging, inserts, labels, or accompanying documentation.

Certain emissions-related, add-on, modified, or performance parts may be subject to federal, state, or local emissions laws and anti-tampering rules. For California vehicles and certain other jurisdictions, some parts may require a valid Executive Order, exemption, certification, or similar approval for lawful street use.

Unless a product listing expressly states otherwise, you should not assume that a part is emissions-legal for use on public roads in California or in other jurisdictions with similar requirements. You are solely responsible for verifying legal compliance before purchase, installation, or use.

SECTION 9 - INTELLECTUAL PROPERTY

All content included in the Services, including text, graphics, logos, icons, images, videos, software, product listings, design elements, and compilations, is owned by us, our licensors, or our content providers and is protected by applicable intellectual property laws.

You may use the Services only for lawful purposes and only for your own internal business or personal shopping use. You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, scrape, or exploit any portion of the Services without our prior written consent.

All trademarks, service marks, trade names, logos, and product names displayed through the Services are the property of their respective owners.

SECTION 10 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools, apps, integrations, or services that we do not control. These tools and services are provided on an “as is” and “as available” basis, without warranties, representations, or endorsements by us.

Your use of third-party tools and services is at your own risk and may be subject to separate terms and policies imposed by those third parties.

SECTION 11 - THIRD-PARTY LINKS

The Services may contain links to third-party websites, content, or resources. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party website.

If you access a third-party website, you do so at your own risk. We are not responsible for any damages or losses arising from your use of any third-party website, product, or service.

SECTION 12 - SHOPIFY PLATFORM

Our store is powered by Shopify. However, all purchases made through this store are made directly from 4x4 Mega Store, not from Shopify.

You agree that Shopify is not responsible for any aspect of any sale between you and 4x4 Mega Store, including product issues, fulfillment issues, shipping issues, returns, refunds, warranties, injuries, or damages related to products purchased from our store.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising out of or related to purchases made from our store.

SECTION 13 - PRIVACY

Your submission of personal information through the Services is governed by our Privacy Policy.

By using the Services, you acknowledge that your information may be collected, processed, stored, and shared as described in our Privacy Policy and as necessary to operate the store, process transactions, prevent fraud, fulfill orders, and provide customer service.

SECTION 14 - REVIEWS, SUBMISSIONS, AND FEEDBACK

If you submit reviews, comments, suggestions, photos, videos, testimonials, ideas, or other materials to us (“Submissions”), you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable right to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from those Submissions in any media.

You represent that your Submissions are accurate, that you own or control the rights to them, and that they do not violate any law or the rights of any third party.

We may remove or refuse to post Submissions at our discretion.

SECTION 15 - ERRORS, INACCURACIES, AND AVAILABILITY

Occasionally, the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, fitment, compatibility, pricing, promotions, availability, shipping charges, transit times, or other information.

We reserve the right to correct any such errors, inaccuracies, or omissions and to update information or cancel orders if any information is inaccurate, whether before or after an order is submitted.

We do not guarantee that any product will be available at any given time.

SECTION 16 - PROHIBITED USES

You may not use the Services:
(a) for any unlawful purpose;
(b) to violate any applicable law, regulation, or ordinance;
(c) to infringe our rights or the rights of others;
(d) to commit fraud or impersonate another person or entity;
(e) to transmit malware, viruses, or harmful code;
(f) to spam, phish, scrape, crawl, harvest, or collect personal information;
(g) to interfere with or circumvent the security of the Services;
(h) to post unlawful, abusive, defamatory, obscene, or misleading content; or
(i) in any manner that could damage, disable, overburden, or impair the Services.

We may suspend or terminate your access to the Services if we believe you have violated these Terms.

SECTION 17 - DISCLAIMER OF WARRANTIES

THE SERVICES, ALL CONTENT PROVIDED THROUGH THE SERVICES, AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCEPT AS EXPRESSLY STATED BY US IN WRITING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, 4x4 MEGA STORE, SMAASH INC., AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, VEHICLE DAMAGE, DIMINUTION IN VALUE, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

SECTION 19 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 4x4 Mega Store, SMAASH INC., Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

(a) your breach of these Terms;
(b) your misuse of the Services;
(c) your violation of any law or the rights of a third party; or
(d) your negligence, misuse, installation, modification, or use of any product purchased through the Services.

SECTION 20 - DISPUTE RESOLUTION; BINDING ARBITRATION

Please read this section carefully. Except where prohibited by law, it affects your legal rights.

Before starting arbitration, the party seeking relief must send the other party a written notice of dispute describing the claim and the requested relief. If we are unable to resolve the dispute within 30 days after that notice is received, either party may begin arbitration.

If the dispute is brought by or against an individual acting primarily for personal, family, or household purposes, the arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules in effect at the time the claim is filed.

If the dispute is commercial in nature, including disputes involving business purchasers, resellers, installers, shops, fleets, or other non-consumer parties, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the claim is filed.

The arbitration shall be conducted by a single arbitrator unless the applicable rules require otherwise or the parties agree otherwise. The arbitrator shall have authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except as otherwise limited by applicable law.

The arbitration may be conducted in person, by documents, by video conference, by telephone, or at another location or format permitted by the applicable AAA rules or agreed by the parties. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or other rights requiring immediate equitable relief.

SECTION 21 - ARBITRATION OPT-OUT RIGHT

You may opt out of the arbitration provisions in Sections 20 and 22 by sending us written notice within 30 days of your first purchase from us or your first use of the Services, whichever occurs first.

Your opt-out notice must include your full name, mailing address, email address, phone number, and, if applicable, your order number, and must clearly state that you wish to opt out of the arbitration provisions.

Opt-out notices must be sent to hello@4x4megastore.com with the subject line “Arbitration Opt-Out” or mailed to:

SMAASH INC. dba 4x4 Mega Store
2050 N. Tustin St. Unit 1152
Orange, CA 92865

If you opt out properly and on time, Sections 20 and 22 will not apply to you.

SECTION 22 - CLASS ACTION WAIVER; JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND 4x4 MEGA STORE AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND 4x4 MEGA STORE EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL.

SECTION 23 - GOVERNING LAW AND VENUE

These Terms and any dispute arising out of or relating to the Services or any purchase from 4x4 Mega Store shall be governed by the laws of the State of California, without regard to conflict of law principles.

If a dispute is permitted to proceed in court rather than arbitration, that dispute shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction and venue of those courts.

SECTION 24 - TERMINATION

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, or if we choose to discontinue all or part of the Services.

Any obligations and provisions that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, indemnities, governing law, arbitration, and dispute-related provisions.

SECTION 25 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

If any part of the arbitration or class action waiver provisions is found unenforceable as to a particular claim or remedy, then that claim or remedy shall be severed and shall proceed in a court of competent jurisdiction, and the remaining provisions shall remain in effect to the fullest extent permitted by law.

SECTION 26 - NO WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of any other provision.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or rules posted on the website, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications relating to the same subject matter.

SECTION 27 - ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms at any time without notice to you.

SECTION 28 - CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time by posting an updated version on this page. Changes will become effective when posted unless a later effective date is stated.

Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the revised Terms.

SECTION 29 - CONTACT INFORMATION

Questions about these Terms should be sent to:

SMAASH INC. dba 4x4 Mega Store
2050 N. Tustin St. Unit 1152
Orange, CA 92865

hello@4x4megastore.com