Terms of Service
These Terms of service constitute an agreement between Kensaku, Inc (selling as Beatrush or Beatrush USA) a Florida Corporation, ("Seller") and buyer identified in the Invoice, Purchase Order, or other similar document to provide the Products described in such Order, subject to the terms, covenants and conditions contained herein. Hereon forward, seller will be identified as either Kensaku, Inc, Beatrush, Beatrush USA, Beatrush NA, Beatrush North America, Us, or We.
By ordering any Product from Seller, whether by clicking through over the Internet, telephone, electronic mail, online forum, facsimile or otherwise, Buyer agrees to be bound by these Terms of service.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kensaku, Inc. The collective work includes works that are licensed to Kensaku, Inc. Copyright 2004, Kensaku, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kensaku, Inc. or purchasing Beatrush products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order withKensaku, Inc. or to purchase Beatrush products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Kensaku, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks, and trade names of Kensaku, Inc. used in the site are trademarks or registered trademarks of Kensaku, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kensaku, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kensaku, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kensaku, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
Limitation of Liability
Kensaku, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kensaku, Inc. has been advised of the possibility of such damages. Many parts listed on this website are for off-road use only and Kensaku, Inc. holds no responsibility either implied or otherwise for mechanical, electrical or other failure when using after market performance products. Some items listed are illegal in many states and only for racing vehicles which may never be used on a public highway. All installations are at customer's own risk.
In the event that a Beatrush product is mistakenly listed at an incorrect price, Kensaku, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kensaku, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kensaku, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms of service are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms of service, or any part of them, may be terminated by Kensaku, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Kensaku, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kensaku, Inc.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Beatrush products) shall be in the state or federal courts located in Orange County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Beatrush products) must be commenced within one (1) year after the claim or cause of action arises. Kensaku Inc's failure to insist upon or enforce strict performance of any provision of these terms of service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms of service. Kensaku, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kensaku, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Kensaku, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site,Kensaku, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kensaku, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kensaku, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Kensaku, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors,Kensaku, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Kensaku, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kensaku, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kensaku, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
SHIPPING AND RETURN POLICIES
To provide faster delivery and turn around time;Kensaku, Inc. ships products out from different warehouses throughout the United States. Usually averaging 1-3 business days for processing before shipping. Depending on the package, we ship using different carriers according to the item's location, content, and size.
Insurance & Damage
All products are insured for its value and packed well for precaution; however, accidents may happen. In the event a product arrives damaged to your location, please follow the steps listed below. All damaged items must be reported to the shipping carrier immediately and you must notifyKensaku, Inc. within 5 days of receiving your order. If these steps are not followed, your shipment may not be able to be a candidate for the insurance claim.
*Take pictures of the damaged product and all of its content and send them to us via this FORM
*Keep the product and its original packaging as it arrived.
*Make a list of the damaged or lost item(s).
*DO NOT send the product back to us; once we received the information listed above we will file a damage claim with the shipper. Once a damage claim is filed, the carrier will pick up the product for return or inspection; a replacement will be sent after claim return confirmation.
The Shipping Rates shown at time of checkout are dimensional rates only. Sometimes these rates may be off due to size and shipping location and so final adjustments may be needed. In the case any shipment adjustments may be needed, we will contact you for the difference in shipping charges. International orders (Outside the USA) are not automatically processed as we may require additional information from you. Furthermore, final shipping cost may be adjusted depending on current international shipping rate (we will contact you before the order is processed if this is the case).
Return of an item
If you wish to return your purchase, please contact our Customer Support team in order to have an RMA number assigned to your order. We will not accept returns without an RMA Number. Prior to initiating a return, please read the following:
Due to the dangerous and stressful nature of racing and performance vehicles, no returns will be accepted on special order, opened, installed, incomplete, or otherwise used products. If a product is ordered and not wanted, the UNUSED item can be returned within 30 days after the product has been delivered. Once the product is returned you have two options for your refund:
- You may have your purchase refunded back on your original payment method minus a 20% restocking fee of the total amount. In this case, please know that the initial shipping is not refundable (free shipping items still incur shipping charges which HAVE to be deducted on a return). All items wanting to be returned MUST be reported within 30 days of delivery date.
- If you are still browsing and want an alternate product we can provide you with a full credit minus shipping cost as store credit. This is the only case where a restocking fee will not be incurred.
- On both cases the buyer is responsible for all shipping cost. Inbound and outbound.
On both refund options a return shipping label may be provided if you're unable to ship the product(s) back using your own method of shipping. This shipping cost will be deducted from your total refund or credit. In case you're unable to use our own shipping label, you will be responsible for shipping the product back.
Manufacturer's Product Warranty
All products come with the warranty that is applied directly by the manufacturer.Kensaku, Inc. DOES NOT offer any type of product warranty, nor are we responsible for product failures or failures due to installation. Any manufacturer warranty claim/s will have to be dealt directly with the manufacturer. Please check directly with the manufacturer for further details on product warranty.
Some imported items may have a limited manufacturer warranty. In this case, please inquire to determine if your overseas item may be covered under a limited manufacturer warranty. As with US manufacturers, we will only serve as a mean of communication; however, we will not be responsible for any warranty terms given by the overseas manufacturer.
Compatibility, Product Information
When placing your order please ensure that the product(s) you purchased are compatible for the intended use. Since we serve the United States market, is implied that all products are intended for United States vehicles only, unless otherwise stated to fit non US vehicles as well or non US vehicles only. Please use the information provided in the product's description as in good faith of reference when checking compatibility. In the event of a difference between the store's content and any other web site, the compatibility of product(s) as shown on the store at the time of purchase will be seen as taking precedence. We encourage you to double check fitment prior to placing any orders through our website to guarantee a fitment.
Cancellation of an order
All processed orders that have not shipped will incur a 6% processing fee, this is mainly to cover any payment processing and cancelation fee with the manufacturer or warehouse. A processed order is an order that has already been put in our system and the product has been taken out of inventory and moving towards the packing and shipping face. On special order or custom made orders, the processing face is indicated when the manufacturer has received our order. Please be courteous and notify us ASAP if you wish to cancel any order(s) that were recently placed in order to prevent it from shipping out.
All special orders CAN NOT be canceled or refunded for any reason. Once the order has been processed or shipped inbound there is no return from the manufacturer. Special order items are classified as items that are out of stock that are either not kept in stock in the states or take longer than 1 month to fullfill.
Shipping & Delivery
Some packages shipped may or may not require signatures for package release. In the case a package requires a signature and can not be signed for, the carrier will have package pick up locations if you are unable to sign for the package. In the case the item is returned due to negation or unavailability, you will be responsible for the return shipping costs and pay a 20% restocking fee. These fees will be charged to your account on file. Under any and all circumstances, Kensaku, Inc. will not be responsible for shipping costs. Kensaku, Inc. does not refund any shipping charges, inbound or outbound.
Note: In the event that the product you ordered is sent either incorrectly or processed wrong byKensaku, Inc., we will arrange for the package to come back to us and ship out a replacement. We will evaluate the situation before we determine the shipment was incorrect.
To return an item back to us, please do the following:
Contact Customer Service to receive a RMA number. All packages returned without a Returned Merchandise Authorization number will be refused. Package the item up in original packaging unless deemed unusable.
* Include the UNUSED parts and any additional information that was included.
* Include a copy of your receipt or packing slip.
* Write a brief description of the problem with the product.
* If you have a receipt for the return shipping include as well.
* We DO NOT except any freight collect packages.
Once we have received the above information we will notify you via email or phone and let you know the status.