TERMS & CONDITIONS
1. Acceptance of Terms
By purchasing, installing, or using the headlight covers (hereinafter referred to as the "Product") manufactured, distributed, or sold by MB Overland Brother, you (hereinafter referred to as the "Customer") agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use or install the Product and return it immediately in unused condition to the place of purchase. Your use of the Product signifies your acknowledgment and acceptance of these Terms and Conditions in their entirety.
2. Use of Product
The Product is intended for aesthetic or protective use on vehicle headlights. The Customer acknowledges that the installation of the Product may significantly reduce the light output from the headlights, potentially impairing night-time visibility and the visibility of the vehicle to other road users. The Customer assumes full responsibility for the decision to install and use the Product, acknowledging that it may increase the risk of accidents, personal injury, and property damage.
The Product is designed for off-road or show purposes only unless it is explicitly stated that it is street-legal. It is the Customer’s responsibility to determine whether the use of the Product is appropriate for their specific vehicle and driving conditions.
3. Compliance with Local, State, and Federal Laws
The Customer is solely responsible for ensuring that the use of the Product complies with all applicable laws, regulations, and standards in their jurisdiction, including but not limited to federal, state, and local vehicle lighting regulations. These regulations may vary significantly from one jurisdiction to another, and failure to comply may result in penalties, fines, or the impoundment of the vehicle.
MB Overland Brother does not warrant or represent that the Product complies with the laws and regulations in any particular jurisdiction. The Customer agrees to hold MB Overland Brother harmless for any legal repercussions, including fines, penalties, or legal fees, arising from the use of the Product in violation of applicable laws.
4. Limitation of Liability
Under no circumstances shall MB Overland Brother be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to personal injury, death, property damage, loss of use, loss of data, loss of income, or loss of profits, arising out of or in connection with the installation, use, or inability to use the Product, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if MB Overland Brother has been advised of the possibility of such damages.
The Customer acknowledges that they use the Product at their own risk, and that MB Overland Brother makes no warranties or guarantees, express or implied, regarding the safety, reliability, durability, or performance of the Product under any conditions.
5. Assumption of Risk
The Customer acknowledges and accepts all risks associated with the installation and use of the Product. These risks include but are not limited to, decreased headlight visibility, increased likelihood of accidents, non-compliance with vehicle regulations, and potential conflicts with insurance coverage. The Customer assumes full responsibility for any consequences that may arise from these risks, including but not limited to legal liability, personal injury, and property damage.
6. No Warranty
The Product is provided "as is," with no warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. MB Overland Brother expressly disclaims any liability for defects, whether visible or latent, that may be present in the Product at the time of sale. MB Overland Brother does not guarantee that the Product will meet the Customer’s expectations or that it will function without interruption, defects, or errors. The Customer acknowledges that any reliance on the Product’s performance is at their own risk.
7. Indemnification
The Customer agrees to indemnify, defend, and hold harmless MB Overland Brother, its affiliates, officers, directors, employees, agents, distributors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and costs) arising out of or related to:
- (a) The Customer’s use or misuse of the Product;
- (b) The Customer’s violation of any law or regulation in connection with the use of the Product;
- (c) Any breach of these Terms and Conditions by the Customer;
- (d) Any damages or injuries (including death) to any person or property caused by the Customer’s use of the Product.
This indemnification obligation shall survive the termination or expiration of these Terms and Conditions.
8. Product Modification and Misuse
The Product is designed and manufactured to specific standards, and any modification, alteration, or misuse of the Product voids any warranty or claim against MB Overland Brother. Modifications or misuse of the Product may include, but are not limited to:
- (a) Altering the Product’s structure, materials, or design;
- (b) Using the Product in a manner inconsistent with its intended purpose;
- (c) Failure to follow installation instructions or guidelines provided by MB Overland Brother;
- (d) Using the Product in extreme conditions or environments that exceed the Product’s design limitations.
The Customer assumes all risks associated with any modifications or misuse of the Product and agrees to hold MB Overland Brother harmless for any resulting damages, injuries, or losses.
9. Governing Law
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes shall be governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles. The Customer agrees that any legal action or proceeding arising under or related to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Lithuania, and the Customer irrevocably submits to the jurisdiction of such courts.
10. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.
The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect.
11. Waiver
No failure or delay by MB Overland Brother in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of MB Overland Brother to be effective.
The waiver by MB Overland Brother of any breach of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach.
12. Changes to Terms and Conditions
MB Overland Brother reserves the right, at its sole discretion, to modify, amend, or change these Terms and Conditions at any time without prior notice. Such modifications shall be effective immediately upon posting on MB Overland Brother's website or upon other notification to the Customer. It is the Customer’s responsibility to review these Terms and Conditions periodically to ensure awareness of any changes.
The Customer’s continued use of the Product following any modifications to these Terms and Conditions constitutes acceptance of those changes.
13. Entire Agreement
These Terms and Conditions, together with any other documents or policies expressly incorporated by reference, constitute the entire agreement between the Customer and MB Overland Brother regarding the use of the Product. These Terms and Conditions supersede any prior or contemporaneous agreements, understandings, negotiations, or discussions, whether oral or written, between the parties regarding the subject matter herein.
No amendment or modification of these Terms and Conditions shall be binding unless in writing and signed by an authorized representative of MB Overland Brother.
14. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms and Conditions or the use of the Product, the parties agree to first attempt to resolve the dispute informally through good-faith negotiations. If the dispute cannot be resolved informally, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitration shall be conducted in Lithuania, and the arbitrator’s decision shall be final and binding.
The Customer agrees to bear their own costs and attorney’s fees in arbitration, and the prevailing party in any arbitration may seek to recover its reasonable attorney’s fees and costs from the non-prevailing party.
15. Contact Information
For any questions, concerns, or disputes related to these Terms and Conditions or the Product, please contact MB Overland Brother at: MB Overland Brother Vetrungiu g. 24 Vilnius, Lithuania, LT-06334 Hello@overlandbrother.com
16. Product Return Policy
MB Overland Brother does not accept returns unless the Customer receives a Product that differs from the model originally ordered. In such cases, the Product may only be returned if it remains unused, in its original packaging, and accompanied by proof of purchase. Additionally, the Product is designed to fit OEM headlights only, and no returns will be accepted for compatibility issues with aftermarket or modified headlights. The Customer must report any discrepancies within 10 days of the original purchase date.
17. Limitation on Actions
Any action or claim by the Customer against MB Overland Brother arising out of or relating to these Terms and Conditions or the use of the Product must be commenced within one (1) year after the cause of action accrues, otherwise such action or claim is permanently barred.
19. Prohibition on Copying and Unauthorized Use
The Customer acknowledges and agrees that they are not permitted to:
- (a) Copy, reproduce, duplicate, reverse-engineer, disassemble, or decompile the Product or any part thereof;
- (b) Create derivative works based on the Product or any of the Company’s Intellectual Property;
- (c) Use the Product in any manner that infringes upon the Company’s Intellectual Property rights or any third-party rights;
- (d) Alter, obscure, or remove any proprietary notices, labels, or marks on the Product or any associated materials;
- (e) Use any of the Company’s trademarks, logos, or brand names without the Company’s prior written consent.
Any such unauthorized use, copying, or reproduction is a violation of these Terms and Conditions and may result in legal action, including but not limited to claims for damages, injunctive relief, and attorney’s fees.
20. Licensing and Usage Restrictions
The purchase of the Product grants the Customer a limited, non-exclusive, non-transferable, and revocable license to use the Product for its intended purpose, as outlined in these Terms and Conditions. This license does not grant the Customer any ownership rights in the Intellectual Property associated with the Product or any related materials.
The Customer agrees not to:
- (a) Use the Product in any commercial endeavor other than its intended use without the prior written consent of the Company;
- (b) Resell, rent, lease, or otherwise distribute the Product or any of the Company’s Intellectual Property without express authorization from the Company;
- (c) Use the Product or the Company’s Intellectual Property in any manner that could tarnish, disparage, or harm the reputation of the Company or its products;
- (d) Challenge the validity, ownership, or enforceability of the Company’s Intellectual Property rights.
The Company reserves the right to revoke the Customer’s license to use the Product at any time if the Customer violates these Terms and Conditions or engages in any unauthorized use of the Product or the Company’s Intellectual Property.
21. Enforcement of Intellectual Property Rights
MB Overland Brother takes the protection and enforcement of its Intellectual Property rights very seriously. The Company will take all necessary legal actions to protect its rights, including but not limited to filing lawsuits, seeking injunctions, and pursuing damages for any infringement or misappropriation of its Intellectual Property.
The Customer agrees to cooperate fully with the Company in the event of any investigation or legal action related to the protection or enforcement of the Company’s Intellectual Property rights. The Company reserves the right to take legal action against any individual or entity that infringes upon its Intellectual Property rights, and the Customer agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising out of or related to any unauthorized use of the Company’s Intellectual Property by the Customer.
22. Reporting Intellectual Property Infringement
If the Customer becomes aware of any unauthorized use, copying, reproduction, or infringement of the Company’s Intellectual Property, the Customer agrees to promptly notify the Company in writing at hello@overlandbrother.com. The Company appreciates the Customer’s cooperation in protecting its Intellectual Property rights and will take appropriate action against any infringement.
23. Product Disclaimer
23.1 Safety WarningsThe Customer acknowledges that the Product is not intended to be used in any manner that could compromise vehicle safety. MB Overland Brother expressly disclaims any liability for damages or injuries that result from improper use or installation of the Product, including but not limited to reduced headlight visibility, impaired vehicle operation, or increased accident risk.
23.2 Third-Party ProductsIf the Product is used in conjunction with other third-party products, MB Overland Brother disclaims any liability for any adverse effects that may arise from such combinations. The Customer assumes full responsibility for ensuring compatibility and proper use when combining the Product with other components.
24. Customer Responsibilities
24.1 InstallationThe Customer is solely responsible for the correct installation of the Product. MB Overland Brother strongly recommends that the Product be installed by a professional or in strict accordance with the provided installation instructions. Any damages, injuries, or legal consequences resulting from improper installation are the sole responsibility of the Customer.
24.2 MaintenanceThe Customer is responsible for the ongoing maintenance of the Product, including regular inspections to ensure that it remains securely attached and functional. MB Overland Brother is not liable for any damages or accidents resulting from a lack of proper maintenance.
25. Refunds, Returns, and Exchanges
25.1 Return PolicyThe Customer may return the Product within 10 days of the original purchase date, provided it is unused, in its original packaging, and accompanied by proof of purchase. Returns are subject to a restocking fee (10%), and the Customer is responsible for return shipping costs unless the return is due to a manufacturing defect or an error on the part of MB Overland Brother.
25.2 Defective ProductsIf the Customer believes the Product is defective, they must notify MB Overland Brother within 10 days of receipt. MB Overland Brother will evaluate the claim and, if the Product is deemed defective, offer a replacement, repair, or refund at its sole discretion. The Customer may be required to return the defective Product for inspection.
26. Shipping and Delivery
26.1 Shipping TermsMB Overland Brother will make reasonable efforts to ship the Product within the estimated delivery times provided at the time of purchase. However, MB Overland Brother is not responsible for delays caused by shipping carriers, customs clearance, or other factors beyond its control. The Customer is responsible for all shipping fees unless otherwise stated.
26.2 International ShippingFor international orders, the Customer is responsible for all customs duties, taxes, and any additional charges that may be imposed by the destination country. MB Overland Brother is not liable for any delays caused by customs or the shipping process in the destination country.
26.3 Damaged Goods in TransitIf the Product is damaged during shipping, the Customer must notify MB Overland Brother and the shipping carrier immediately. MB Overland Brother will assist the Customer in filing a claim with the carrier, but the responsibility for recovering the value of the damaged goods lies with the Customer.
27. Privacy Policy and Data Protection
27.1 Data CollectionMB Overland Brother collects and processes Customer information in accordance with its Privacy Policy, which is available on the MB Overland Brother website. The Customer agrees to the collection, use, and storage of their personal information as outlined in the Privacy Policy.
27.2 Third-Party SharingMB Overland Brother may share Customer information with third parties for the purpose of fulfilling orders, processing payments, or providing customer support. Such third parties are bound by confidentiality agreements and are only permitted to use the Customer’s information as necessary to perform their services.
28. Force Majeure
28.1 Unforeseen CircumstancesMB Overland Brother shall not be liable for any failure or delay in fulfilling its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, supply chain disruptions, or governmental actions. In the event of a force majeure event, MB Overland Brother will notify the Customer as soon as possible and make reasonable efforts to resume normal operations.
29. Termination
29.1 Termination of AgreementMB Overland Brother reserves the right to terminate the agreement with the Customer at any time for any reason, including but not limited to the Customer’s breach of these Terms and Conditions or any unauthorized use of the Product. Termination may be immediate and without notice.
29.2 Effect of TerminationUpon termination of the agreement, the Customer must cease all use of the Product and return any remaining inventory or materials associated with the Product to MB Overland Brother. Any rights or obligations that have accrued before the termination date will survive the termination of the agreement.
30. Amendments to the Terms
30.1 Procedure for AmendmentsMB Overland Brother reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on the MB Overland Brother website or communicated to the Customer through other means. It is the Customer’s responsibility to review the Terms and Conditions periodically to ensure continued compliance.
30.2 Acceptance of AmendmentsThe Customer’s continued use of the Product following any amendments to the Terms and Conditions constitutes acceptance of those changes. If the Customer does not agree to the amended terms, they must discontinue use of the Product and notify MB Overland Brother of their decision.
31. Disclaimers Regarding Specific Uses
31.1 Non-Standard UsesThe Product is not designed or intended for use in extreme conditions, including but not limited to racing, off-road activities, or any other non-standard uses that may subject the Product to excessive stress or wear. MB Overland Brother disclaims any liability for damages resulting from such non-standard uses.
32. Headings and Interpretation
32.1 HeadingsThe headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of any provision.
32.2 Language and JurisdictionThese Terms and Conditions are written in English, and all interpretations shall be based on the English language text. If the Terms and Conditions are translated into another language, the English version shall prevail in the event of any conflict.
33. Contact Information
33.1 SupportFor any questions, concerns, or disputes related to these Terms and Conditions or the Product, please contact MB Overland Brother at:
MB Overland Brother Vetrungiu g. 24 Vilnius, Lithuania, LT-06334 Hello@overlandbrother.com