THE SUPERIOR BIKE SHOP TERMS AND CONDITIONS
April 20th, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (“Terms”) apply to any and all orders, purchases, sales, receipts, deliveries or uses of any products and services (collectively, “Purchase”) by you (“Customer” or “you”) from SUPERIOR BIKE SHOP, LLC (“Seller” or “us”) through Seller’s retail locations, via www.thesuperiorbikeshop.com (“Website”), or in any other matter. By using the Website or making a Purchase, you agree to be bound by and accept the Terms. You are responsible to obtain a copy of these Terms and any other document we make available to you.
- Terms Governing All Purchases. You must be 18 years or older to make a Purchase from us. These Terms apply to all sales of bicycles, clothing, and any and all other goods, products or services offered by Seller (collectively, “Products”). These Terms cannot be altered, other than in writing signed by an officer of Seller. In the event of any inconsistency or conflict between these Terms and any Customer-submitted order, other writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control, and any inconsistent provisions shall be void. The Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of the Terms will be posted on the Website. Seller’s right to require strict observance and performance of each of these Terms shall not be affected by any current or past waiver of any of these Terms or by any course of dealing, course of performance, or usage of trade.
- No Returns; No Exchanges. ALL SALES ARE FINAL. We do not accept returns of any items for exchange, replacement or credit, except in accordance with manufacturers’ warranty policies, as stated below.
- Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify Seller’s acceptance of your order, nor does it constitute confirmation of Seller’s offer to sell. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Also, even if an order has been accepted, Seller may subsequently cancel such order in whole or in part due to Product unavailability (including, without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on the Website, or as otherwise determined by Seller in its sole discretion. Customer will be notified of any order cancellation, and any amounts Customer has paid to Seller in respect of such order will be refunded to Customer. Once an order has been placed, it cannot be cancelled other than in accordance with these Terms. Should we experience technical difficulties related to the maintenance and operation of the Website, we are not responsible for orders that are not processed or accepted.
- Prices and Taxes. All prices advertised by Seller are in United States dollars. All prices are subject to change without notice, and exclude Taxes (as defined below), shipping and handling charges. All pricing for the Products is subject to change without notice to you before Seller processes your order. The prices quoted for the Products do not include any federal, state or local sales, use, value-added, excise, gross receipts or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). You shall be responsible and pay for any such Taxes.
- Payment.All orders must be paid in full prior to shipment. Seller accepts all major credit cards, such as MasterCard, Visa, Discover, and American Express, and debit cards. Only valid credit or debit cards acceptable to us may be used, and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorized to use the designated credit or debit card, and authorize us to charge your order (including Taxes, shipping, handling and any other charges applicable to your order) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
- Shipping and Handling; Delivery and Risk of Loss. All Products purchased from Seller can only be shipped to a valid street address (we do not deliver to P.O. Boxes) within the contiguous 48 states of the United States (which excludes Alaska, Hawaii, Puerto Rico and all foreign countries). Although we can make shipping arrangements on Customer’s behalf, Customer is solely responsible for all shipping and handling charges associated with the Product. All Products are shipped via standard ground delivery. Title and risk of loss or damage to the ordered Product shall pass to Customer at the time the Product is delivered to Customer. Shipping times that may be provided to Customer are good faith estimates only, and actual delivery dates may vary. Seller will use commercially reasonable efforts to fill Customer’s orders within the timeframe provided to Customer, but in no event shall Seller be liable for any damages associated with Seller’s inability to meet any such timeframes.There may be occasional delays beyond the estimated order processing time. If the delay is more than 5 business days, we will notify you of the delay via an e-mail. If the delay will be less than 5 business days, we will ship the Product as soon as it is received. If the Product is on backorder for more than 15 business days, we will request that you notify us via e-mail as to whether you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active until the order is cancelled or delivery occurs. If the order is cancelled, Seller will refund any amounts Customer has paid in respect of such Product.
- Pick-Up. If any Product is shipped for Customer to pick-up, Seller will notify Customer via e-mail when the Product is available for pick-up. Customer agrees to pick-up the Product within 7 calendar days following receipt of the e-mail notice, and if Customer is unable to pick-up the Product purchased within such 7 calendar days, Customer will notify Seller accordingly. At the time of Product pick-up, Customer agrees to present to Seller the order confirmation and a government issued identification card (such as a valid driver’s license or a passport). Customer’s failure to pick-up the Product or contact Seller within 14 calendar days of Seller’s initial delivery notification may result in Seller charging Customer a fee for collection, storage, and/or restocking of the Product. If Customer fails to pick-up the Product after 14 calendar days, the order shall be cancelled, and Seller will refund any amounts Customer has paid in respect of such Product (less any applicable shipping, handling and restocking charges). ALL ORDERS WILL INCUR A 25% RESTOCKING FEE & FREIGHT FEES IF CANCELLED.
- Changes in Products. We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. To the extent that we provide information on availability of Products, you should not rely on such information, and we will not be liable for any lack of availability of Products that you may order from us.
- Not for Resale.Customer agrees and represents that Customer is buying the Product(s) for Customer’s own use and not for resale. We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the Products we offer.
- Reservation of Right to Sell.Seller reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
- Manufacturers’ Warranties; Service and Repair. Most of the Products we offer are covered by manufacturers’ warranties. We do not provide any other or additional warranties for the Products we offer. If applicable, manufacturers’ warranties apply from the date of shipment of the Product. You understand that we act solely as a retailer, and a service and repair provider for the Products we offer, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering Products that you may purchase from us. Any Product determined by us, in our capacity as a service and repair provider, to be defective in materials or workmanship (within such time from the date of original retail purchase, as prescribed by the manufacturer of that Product and in accordance with the manufacturer’s specifications for such Product) will be repaired or replaced with the same or a similar item (as determined by us and at our sole discretion), in accordance with the Product manufacturer’s warranty, free of charge when received freight prepaid, together with proof of purchase from the original owner. Any repaired or replaced Product will remain subject to the manufacturer’s warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term. Within 30 days following the return to Seller of the allegedly defective Product, Seller will inspect any such returned Product. If Seller determines that the Product is in compliance with the applicable warranty, it will so notify Customer and no further action will be taken. Alternatively, if Seller determines that the Product is not in compliance with the applicable warranty, it will so notify Customer (and repair or replace, as applicable, at its sole discretion). If the Product is determined not to be covered by a manufacturer’s warranty terms, Customer may be responsible to Seller for all return shipping expenses.
- Disclaimer and Limitation of Liability. Except to the extent specifically prohibited by law, ALL PRODUCTS WE OFFER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN NO EVENT SHALL SELLER OR ITS MEMBERS, AGENTS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, WARRANTY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, SERVICE, REPAIR OR PERFORMANCE OF THE PRODUCTS WE OFFER. NO EMPLOYEE OR REPRESENTATIVE OF SELLER IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE OBTAINED FROM US.
- Indemnification.Except to the extent specifically prohibited by law, you agree to forever indemnify, defend and hold Seller harmless from and against any claims, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees and expenses and reasonable expert witness fees and expenses) arising from, out of, or related to any violation by you of any of these Terms.
- Trademarks. “THE SUPERIOR BIKE SHOP” and other service names or logos that may appear at Seller’s retail locations or on the Website are trademarks of Seller and its affiliates and licensors and, as the exclusive property of Seller and its affiliates and licensors, may not be copied, imitated or used, in whole or in part, without the prior written permission of Seller or the applicable trademark or registered trademark holder. All other trademarks, registered trademarks, product names and company names or logos relating to the Products we offer are the property of their respective owners.
- Advertising Disclaimer. Photographs and descriptions of Products courtesy of the respective manufacturers and suppliers. Thus, we do not warrant that any Product, description, photograph, pricing or other information we provide regarding the Product is accurate, complete, reliable, current or error-free. In the event of an error, whether at Seller’s retail location, on the Website, in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly, if necessary (including charging the correct Product purchase price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
- Governing Law. These Terms, and all matters relating to the use of the Website and the purchase of Products shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of Florida applicable to agreements made and to be performed wholly within Florida, notwithstanding any choice of law principles, statutes or rules to the contrary. Any rule of law or any legal decision that would require interpretation of any ambiguities in these Terms against the party that drafted it is hereby expressly waived.
- Jurisdiction; Venue. Any dispute arising in connection with, or relating to the matters covered by, these Terms shall be resolved via litigation only in the state and federal courts located in Miami-Dade County, Florida, and such courts shall have in personam jurisdiction over the parties to the dispute for the purpose of such litigation. You hereby (a) expressly and knowingly waive any right you may have to assert the doctrine of forum non conveniens or otherwise object to venue being in Miami-Dade County, Florida, (b) stipulate to Florida courts’ in personam jurisdiction, and (c) agree to accept service of process by registered or certified mail. Notwithstanding this, you agree that Seller shall still be allowed to apply for injunctive remedies in any jurisdiction. Notwithstanding the foregoing and regardless of any law to the contrary, you must file any claim or action related to these Terms within one (1) year after such claim or action accrued; otherwise, you will have waived the claim or action.
- Severability. These Terms shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
- Headings. Headings are for reference purposes only and do not limit the scope or extent of the sections.
- Failure to Act is Not a Waiver. Seller’s failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Seller does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Seller may exercise under any applicable law), this will not be taken to be a waiver of Seller’s rights, and that those rights or remedies will still be available to Seller.
- Third Party Beneficiaries. There are no third-party beneficiaries to the Terms, and these Terms are not intended to and shall not confer any right or benefit on any third party.
- Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of default, negligence, breach of contract, or strict liability, of the party released or whose liability is limited, and shall extend to its members, agents, employees and officers.
- Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Entire Agreement. These Terms constitute the entire legal agreement between you and Seller and govern your use of the Website and any Purchases from Seller, and supersede all prior or contemporaneous agreements, representations, warranties and understandings between you and Seller.