Terms of service

TERMS OF SERVICE

  1. APPLICABILITY: These Terms of Service ("Terms") govern all sales, purchase orders, contracts for sale, shipments, and sales order acknowledgments (each, an "Order") of pre-cut and roll automotive films and decals, including but not limited to Paint Protection Film (PPF), Window Tints, Headlight and Taillight Tints, and Window Decals ("Products") by Bogar Tech Design, LLC (β€œBOGAR TECH DESIGNS, LLC” or "SELLER") to any customer ("PURCHASER"). All Orders of Products, and PURCHASER’S use of BOGAR TECH DESIGNS, LLC’s website, are expressly limited to and made conditional on PURCHASER’S assent and agreement to these Terms. Β 
  2. PRODUCT USE: PURCHASER acknowledges that Products are available for both professional installation services and DIY (Do-It-Yourself) personal use. Whether for professional installation on customer vehicles or personal use, all Products must be used, stored, and installed in strict accordance with: (i) BOGAR TECH DESIGNS, LLC's installation instructions provided on its website and any other written instructions provided by BOGAR TECH DESIGNS, LLC, (ii) industry standards and best practices for automotive films, and (iii) all applicable laws and regulations regarding automotive films and tints. For professional installation services, PURCHASER additionally agrees to: (i) follow all BOGAR TECH DESIGNS, LLC's written requirements regarding product marketing, advertising, and representations about the Products, (ii) not make any false or misleading statements about the Products or their capabilities, (iii) not disparage BOGAR TECH DESIGNS, LLC or its Products, and (iv) accurately represent Product specifications and performance characteristics only as provided by BOGAR TECH DESIGNS, LLC in its written materials. PURCHASER acknowledges that certain Products may affect visibility and optical clarity when installed on vehicles. PURCHASER assumes all risks associated with Product selection, installation, and use, whether for customer service or personal vehicles. Failure to follow proper installation procedures, use Products as directed, or comply with these Terms may void the Limited Warranty, as detailed in Section 13, and any claims thereunder.
  3. INTELLECTUAL PROPERTY: BOGAR TECH DESIGNS, LLC retains all right, title, and interest in and to its Products, website, and all related intellectual property rights, including but not limited to patents, trademarks, trade secrets, designs, patterns, manufacturing processes, product specifications, and technical documentation. This intellectual property includes, but is not limited to, pre-cut patterns, installation methods, product compositions, proprietary features of the Products, website content, website design, graphics, logos, and user interface elements. PURCHASER is granted a limited right to use the Products solely as intended for vehicle installation, whether for professional service or personal use, and to access the website for its intended purpose of purchasing Products and accessing installation instructions. PURCHASER is strictly prohibited from: (i) modifying, reverse engineering, or attempting to reproduce the Products or their components; (ii) copying, duplicating, or attempting to replicate pre-cut patterns or designs; (iii) using BOGAR TECH DESIGNS, LLC's intellectual property to develop or manufacture competing products; (iv) removing, altering, or obscuring any proprietary notices or markings on the Products; (v) using BOGAR TECH DESIGNS, LLC's trademarks, trade names, or product names without express written authorization; or (vi) copying, scraping, or reproducing any content from the website without express written authorization. For professional installers, the right to use BOGAR TECH DESIGNS, LLC's trademarks and product names in connection with their installation services must comply with BOGAR TECH DESIGNS, LLC's written brand guidelines. Any use of BOGAR TECH DESIGNS, LLC's intellectual property beyond the scope of these Terms is strictly prohibited and may result in termination of purchasing rights and potential legal action. This Section shall survive the termination of these Terms.
  4. ACCOUNT AND MANAGEMENT: PURCHASER may create an online account to order Products from BOGAR TECH DESIGNS, LLC. All PURCHASERS must be at least 18 years old to create and manage their own account. PURCHASER must provide accurate, current, and complete information during the registration process and keep this information updated. PURCHASER is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account, including all orders placed, shipping information provided, and payment transactions processed, even if such activities are not authorized by the account holder. PURCHASER must immediately notify BOGAR TECH DESIGNS, LLC of any unauthorized use or security breach. BOGAR TECH DESIGNS, LLC reserves the right to verify account information and may suspend or terminate accounts at its sole discretion. PURCHASER is prohibited from transferring their account to any other person, business, or entity.

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  1. PRODUCT DISCLAIMER:

5.1. Accuracy of Product Descriptions: Product images and descriptions on BOGAR TECH DESIGNS, LLC's website are for general reference. Products will meet stated technical specifications within standard manufacturing tolerances and industry standards. Actual products may vary slightly in appearance, including variations in color, finish, and visual characteristics due to manufacturing processes, material properties, or digital display settings. These variations are not considered defects. PURCHASER acknowledges that (i) specifications are subject to standard manufacturing tolerances and industry standards, and (ii) minor visual variations are normal and acceptable.

5.2. Compatibility: The PURCHASER is responsible for ensuring that the Products purchased are compatible with the PURCHASER’S vehicle make, model, and year.

  1. Β ORDER PLACEMENT AND PAYMENT:

6.1. Order Accuracy: The PURCHASER is responsible for providing accurate information, including vehicle specifications and shipping details.

6.2. Payment: BOGAR TECH DESIGNS, LLC accepts credit cards, debit cards, digital wallets, and online money transfer services, as well as any alternative payment methods explicitly stated on its website. All payments must be made in full before orders are processed. SELLER reserves the right to hold or reject Orders and/or hold or cease shipments of confirmed Orders if PURCHASER’s payment failed to be processed or was revoked due to a chargeback claim. Product prices do not include any professional installation services. BOGAR TECH DESIGNS, LLC is not responsible for and will not refund any costs associated with professional installation services, including but not limited to initial installation costs or reinstallation costs.

6.3. Order Confirmation: Orders are subject to acceptance and availability. The PURCHASER will receive an order confirmation via email after purchase.

6.4 Order Acceptance, Availability, and Delivery: Any delivery dates or times stated on BOGAR TECH DESIGNS, LLC's website or in communications are estimates only and are not guaranteed. In the event that a Product becomes unavailable for an extended period after Order confirmation, PURCHASER's sole remedy shall be limited to receiving a refund of any payments made for such Product. BOGAR TECH DESIGNS, LLC shall not be liable for any delays in delivery or unavailability of Products.

  1. PRICE: Prices are determined at the time of Order confirmation and are subject to change without prior notice. All prices are exclusive of any present or future federal, state, provincial, local, municipal or other taxes applicable to the sale of Products, or any duties or charges of any kind imposed by a governmental authority. Any such taxes shall be added to the price and paid by PURCHASER unless PURCHASER provides BOGAR TECH DESIGNS, LLC with a valid exemption certificate acceptable to BOGAR TECH DESIGNS, LLC and the appropriate taxing authorities. Any foreign taxes and duties charges will be billed to the PURCHASER unless otherwise specified.

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  1. ORDER FULFILLMENT: Orders are fulfilled upon payment only and may only be canceled or modified with SELLER’s consent. SELLER reserves the right to cancel any Order or shipment based on Product availability at the time of Order fulfillment.

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  1. PRIVACY POLICY: PURCHASER’S use of BOGAR TECH DESIGNS, LLC's website is subject to its Privacy Policy, which explains how BOGAR TECH DESIGNS, LLC collects, uses, stores, and protects personal data. While BOGAR TECH DESIGNS, LLC takes reasonable security measures to safeguard data, no system is entirely secure. The website may integrate with third-party services, including payment processors and analytics providers. These third-party services operate under their own terms and policies. For full details, please review BOGAR TECH DESIGNS, LLC's Privacy Policy https://bogartechdesigns.com/pages/privacy-policy.Β Β 

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  1. ELECTRONIC COMMUNICATIONS AND CUSTOMER SERVICE: PURCHASER consents to receive electronic communications from BOGAR TECH DESIGNS, LLC, and agrees that all agreements, notices, disclosures, and other communications provided electronically via email or website satisfy any legal requirement that such communications be in writing. When communicating with BOGAR TECH DESIGNS, LLC through our customer service channels, PURCHASER agrees to communicate professionally and respectfully. BOGAR TECH DESIGNS, LLC reserves the right to review and remove any communications at its discretion.

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  1. THIRD-PARTY LINKS: BOGAR TECH DESIGNS, LLC’s website may contain links to other websites. These linked sites are not under BOGAR TECH DESIGNS, LLC's control, and BOGAR TECH DESIGNS, LLC are not responsible for their content. These links are provided solely as a convenience, and their inclusion does not imply endorsement by BOGAR TECH DESIGNS, LLC.

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12.Β  DAMAGE CLAIMS, RETURNS, AND REFUNDS:

12.1. Obvious Defects: Obvious defects or damages must be reported to BOGAR TECH DESIGNS, LLC within 10 days of delivery. Failure to report within this timeframe may void PURCHASER’s rights under the Limited Warranty per Section 13 below. Packaging must be retained until return instructions are provided.

12.2. Concealed Defects: Concealed damages or defects are covered under our Limited Warranty below. Claims must be reported within the warranty period.

12.3 Return Policy for Non-Defective Products: For non-defective Products, returns are accepted only for unused and uninstalled Products in original packaging within 30 days of delivery. CUSTOM ORDERS AND INSTALLED/USED PRODUCTS ARE NON-RETURNABLE. PURCHASER is responsible for return shipping costs unless Product was defective or damaged per subsection 12.1 or 12.2 above.

12.4 Remedies: For any claims or returns under this section, BOGAR TECH DESIGNS, LLC's sole obligation shall be to replace the Product or refund the purchase price at its discretion, minus applicable shipping and restocking fees. These remedies are PURCHASER's sole and exclusive remedies.

  1. LIMITED WARRANTY: BOGAR TECH DESIGNS, LLC warranty is valid for one year from the shipment date and covers defects in material and workmanship that prevent the Product from meeting company specifications. It is only applicable to products bought directly from BOGAR TECH DESIGNS, LLC by the original PURCHASER. The PURCHASER’s sole remedy for a breach of warranty is the replacement of the defective Product or a credit/refund up to the purchase price, at the SELLER’S discretion. This is contingent on the Product being stored and used as advised by the SELLER. Any improper installation or deviation from BOGAR TECH DESIGNS, LLC's installation instructions voids this warranty. The SELLER is not liable for claims exceeding the purchase price of the defective Product. To substantiate a claim, the PURCHASER must maintain traceability of the Product. Failure to do so may result in partial or complete denial of the claim. No representative or agent of BOGAR TECH DESIGNS, LLC is authorized to give any guarantee or warranty or make any representation contrary to the terms and conditions herein, unless in writing and manually signed by an officer of BOGAR TECH DESIGNS, LLC. Where applicable law requires longer warranty periods or additional warranty rights, this warranty will comply with such requirements.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND WARRANTIES REQUIRED BY LAW, BOGAR TECH DESIGNS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DURABILITY, UV PROTECTION LEVELS, HEAT REJECTION RATES, CLARITY, TRANSPARENCY, YELLOWING RESISTANCE, SPECIFIC THICKNESS, SELF-HEALING PROPERTIES, INSTALLATION RESULTS, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALL PRODUCTS, INCLUDING BUT NOT LIMITED TO PAINT PROTECTION FILM (PPF), WINDOW TINTS, HEADLIGHT AND TAILLIGHT TINTS, AND WINDOW DECALS ARE PROVIDED "AS IS." PURCHASER ACKNOWLEDGES THAT PRODUCTS MAY AFFECT VISIBILITY AND OPTICAL CLARITY WHEN INSTALLED ON VEHICLES, AND ASSUMES ALL RISKS ASSOCIATED WITH INSTALLATION. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

  1. INDEMNITY: PURCHASER agrees to indemnify, defend, and hold harmless BOGAR TECH DESIGNS, LLC, its officers, shareholders, employees, directors, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) PURCHASER's breach of these Terms; (ii) PURCHASER's improper installation, modification, or use of the Products; (iii) any vehicle damage or personal injury resulting from PURCHASER's improper installation or use of the Products; (iv) PURCHASER's violation of any applicable laws or regulations, including but not limited to vehicle safety regulations and window tinting laws; or (v) PURCHASER's negligence or willful misconduct. PURCHASER's liability under this indemnification shall be limited to the proportion of fault attributable to PURCHASER. This indemnification obligation shall survive the termination of these Terms.
  2. LIMITATION OF LIABILITY: THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY, AT THE SELLER'S DISCRETION, IS LIMITED TO EITHER PRODUCT REPLACEMENT OR A CREDIT OF THE PURCHASE PRICE. THIS APPLIES TO ALL CLAIMS RELATED TO THE PRODUCTS, THE SALE OF PRODUCTS, ANY CONTRACT FOR THE SALE OF PRODUCTS, AND ANY SERVICES PROVIDED BY THE SELLER, INCLUDING TECHNICAL SERVICES, CONSULTATIONS, AND RESPONSES TO PRODUCT INQUIRIES OR CLAIMS. THE TOTAL AMOUNT OF ANY CLAIM BY THE PURCHASER, OR LIABILITY OF BOGAR TECH DESIGNS, LLC, CANNOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES THAT THE CLAIM RELATES TO. THE SELLER WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, BUSINESS INTERRUPTION, DIMINUTION IN VALUE, AND LOST PROFITS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY AGREED OR OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ALL CLAIMS, SUITS, OR LEGAL ACTIONS MUST BE FILED BY THE PURCHASER WITHIN ONE YEAR OF THE DATE THE CAUSE OF ACTION ACCRUES; OTHERWISE, THEY ARE WAIVED AND BARRED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO BOGAR TECH DESIGNS, LLC’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHEN PROHIBITED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.
  3. ASSIGNMENT: BOGAR TECH DESIGNS, LLC may assign its rights and obligations under these Terms. PURCHASER may not assign its rights or obligations without BOGAR TECH DESIGNS, LLC's prior written consent. Notwithstanding the foregoing, these Terms shall be binding upon and inure to the benefit of both parties' respective heirs, legatees, legal representatives, and successors. Any attempted assignment by PURCHASER in violation of this provision shall be void.

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  1. NON-WAIVER: A provision of these Terms may be waived only if an officer of BOGAR TECH DESIGNS, LLC provides explicit, written consent and manually signs the document. Any delay or failure to exercise a right, remedy, power, or privilege from these Terms does not constitute a waiver. The partial or single exercise of any right, remedy, power, or privilege does not preclude further exercise of any right, remedy, power, or privilege.

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  1. FORCE MAJEURE: Delays or failures in fulfilling any sale, contract, shipment, service, or other matter related to the sale and shipment of Products under these Terms, caused by circumstances beyond SELLER’s reasonable control, shall not be considered a breach of contract by SELLER. These circumstances include, but are not limited to: changes in shipment schedules, accidents, fire, strikes, labor disputes, disease outbreaks, riots, civil unrest, war, terrorism, natural disasters, embargoes, carrier failures, transportation issues, material shortages, telecommunications or power outages, government requirements, acts of God, prior orders, or limitations on BOGAR TECH DESIGNS, LLC’s or its suppliers' products or marketing activities. Additionally, significant changes in production costs due to tariffs, import/export regulations, or other governmental actions may necessitate price adjustments. In such cases, SELLER reserves the right to adjust prices accordingly, and PURCHASER's sole remedy shall be to cancel the Order and receive a refund of any payments made if they do not accept the price adjustment.

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  1. CHOICE OF LAW AND DISPUTES: The laws of the State of California, without regard to any choice or conflict of law provisions, shall govern, construe and enforce all disputes arising out of, from or relating to these Terms, the Products, sales and contracts for sale of Products or the dealings of the parties. Any dispute arising from these Terms or PURCHASER’s use of the Products shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Gardena, California, though PURCHASER or BOGAR TECH DESIGNS, LLC may choose to participate remotely via telephone or video conference. The arbitration proceedings and outcome shall be confidential. Discovery shall be permitted in accordance with the AAA's Consumer Arbitration Rules. Fees shall be paid according to AAA Consumer Rules. The arbitrator may reallocate costs and fees, including attorneys' fees, in their final award. If the arbitrator determines that PURCHASER’S claims are frivolous, PURCHASER may be required to reimburse BOGAR TECH DESIGNS, LLC for fees and costs. PURCHASER AND BOGAR TECH DESIGNS, LLC AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR OTHER GROUP PROCEEDING. PURCHASER AND BOGAR TECH DESIGNS, LLC WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS REPRESENTATIVE OR AS A MEMBER OF A CLASS. PURCHASER AND BOGAR TECH DESIGNS, LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. The arbitrator's award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction. PURCHASER has the right to opt out of this agreement to arbitrate and class action waiver within 30 days of first ordering any Product by sending written notice to BOGAR TECH DESIGNS, LLC by mail, to the physical address, or by email, to the email address, provided in the Contact Us Section of these Terms stating PURCHASER’s intent to opt out. Notwithstanding the foregoing, (i) either party may seek injunctive or equitable relief in a court of competent jurisdiction, and (ii) either party may bring small claims in a court of competent jurisdiction. This Section survives termination of these Terms.

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  1. ENTIRE AGREEMENT: These Terms, along with (i) terms specified in BOGAR TECH DESIGNS, LLC's Order acknowledgement, and (ii) official payment terms, product specifications, installation instructions and documentation issued by BOGAR TECH DESIGNS, LLC through its website or formal written communications, constitute the complete and final agreement between BOGAR TECH DESIGNS, LLC and PURCHASER. In the event of any conflict among these documents, these Terms shall take precedence. These Terms supersede any prior or collateral agreements, whether written or oral, concerning the Products and their sale. BOGAR TECH DESIGNS, LLC rejects any terms or conditions from PURCHASER unless specifically agreed to in writing by BOGAR TECH DESIGNS, LLC. No representative or agent of BOGAR TECH DESIGNS, LLC is authorized to make any warranty, guarantee, or representation contrary to these Terms unless in writing and manually signed by an officer of BOGAR TECH DESIGNS, LLC.

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PURCHASER acknowledges that they have not relied on any representations or promises outside of those specifically stated herein. Acceptance of PURCHASER's Order does not imply agreement to PURCHASER's terms and conditions. The parties agree that all communication and documentation related to these Terms, including notices, shall be exclusively in the English language.

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Contact Us

BOGAR TECH DESIGNS, LLC

2202 S Figueroa St
Los Angeles, CA 90007

customerservice@bogartechdesigns.com

(310) 613-7382