TERMS AND CONDITIONS
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us. If you have any queries regarding these Terms then please contact us: firstname.lastname@example.org
By using the Website you agree to be bound by these Terms.
We reserve the right to: update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that: the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at: email@example.com
4. Prohibited Actions
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website. You will not:
Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
Use our Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
Develop or use any applications that interact with our Website without our prior written consent;
Use any data mining, robots or other data gathering or extraction methods in connection with the Website;
Use our Website in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.
5. Prohibited Content
You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without that third party’s consent;
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, or that may expose Bicycle Part Supply or others to any harm or liability of any type.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensee right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BPS and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to BPS, including the execution of deeds and documents, at the request of BPS. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to PBS:
1. The content and material is accurate;
2. Use of the content and material you supply does not breach any applicable BPS guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Bicycle Part Supply LLC for all claims brought by a third party against Bicycle Part Supply LLC arising out of or in connection with a breach of any of these warranties.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
11. Eligibility to Purchase
You must be at least 13 years of age to use our Website. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
13. Price and Payment
All prices shown do not include tax and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you.
Orders with a delivery address outside the USA may be subject to import duties and taxes which are levied once a delivery reaches your destination country. Any such additional charges must be covered by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that when shipping goods from outside of the United States, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United States, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of �0.01 will be held against the card until the card issuer validates the payment.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 12, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours notice in advance of any reattempt to process payment by sending an email to the email address you have provided to is. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
Unless expressly stated otherwise, all discount codes / offers are subject to a maximum discount value equivalent of $1 per 1% of discount (e.g. a 10% discount code is capped at a maximum discount of $10, a 20% discount is capped at a maximum discount value of $20 etc). From time to time and at our sole discretion, we may increase or decrease this cap for certain promotions.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, among other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing our customer service representatives at: firstname.lastname@example.org
14. Multi-buy Offers
This offer applies only to qualifying items listed in the Multi-buy area of this Website.
Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multi-buy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
15. Gift With Products Promotions
15.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
15.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be canceled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
16. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
17. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under law; or will exclude or limit our liability for death or personal injury resulting from our negligence. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
You agree to fully indemnify, defend and hold us, Bicycle Part Supply LLC, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
22. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of United States and any disputes will be decided only by the United States courts.