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Legal
Information
[ Terms of Use | Acceptance
of Terms | Content | Conduct
| Ownership ]
[ Payment of Fees and Charges | Links
to Other Sites | Disclaimer of Warranties
]
[ Limitation of Liability | Global
Availability & Applicable Laws | Access
| General Information ]
PLEASE
READ THE FOLLOWING CAREFULLY:
Shipping:
MOST
orders are SHIPPED from our suppliers within 3-5 BUSINESS days. For example:
MOST orders placed today with 2nd day shipping selected SHOULD arrive
within 7 BUSINESS days. The delivery time of packages shipped via UPS
or FedEx ground service varies by geographic location and UPS or FedEx
procedures. No orders over 20 lbs. or tires will be shipped 2nd day.
If
any of the items are delayed for any reason (e.g. cross-shipped, backordered,
discontinued) we will notify you immediately via e-mail. We will also
send you an e-mail when the order is shipped with the UPS or FedEx tracking
number and UPS or FedEx website address so you can track your package
online.
For
a detailed invoice of this or any previous BikeBandit.com order, just
log on to www.BikeBandit.com and select View Order History (shown directly
under your name after you have logged in).
Return
Policy:
Please open and inspect your shipment immediately upon arrival. Verify
that all parts are received and in undamaged condition. Check the container
thoroughly to avoid throwing away parts that may be wrapped in packing
materials. No invoices are sent in the package as your order may arrive
in several different packages. You can view/print a detailed invoice for
your order by logging on to www.BikeBandit.com and selecting Order
History (shown directly under your name after logging in). BikeBandit.com
must be notified within 48 hours of delivery of any missing parts!
DO
NOT disassemble your vehicle or render it inoperative until you have verified
that the enclosed products are correct and complete. If any parts are
missing please contact our customer service department at Returns@BikeBandit.com.
Addressing all customer service issues via e-mail allows us to track issues
more effectively and provides a log of all correspondence. No telephone
customer service is available at this time. BikeBandit.com is not able
to give technical/mechanical advice for legal reasons.
Damaged
Parts - If you receive a part damaged in shipping, you must contact your
local UPS or FedEx office within 48 hours of delivery to file a damage
claim for replacement. Once claims are finalized with the shipper, only
then will BikeBandit.com order and send out the replacement parts.
Returns
- BikeBandit.com has extended the return policy to 15 days from the date
of delivery as shown on the UPS or FedEx tracking system. We understand
that sometimes the items purchased do not entirely fit your needs. With
that in mind, we offer a full refund on parts returned to BikeBandit.com
within 15 days with these restrictions:
A)
BikeBandit.com cannot not be held responsible for items ordered in error
by the customer and reserves the right to pass any restocking fees charged
by the manufacturers / distributors on to the customer up to 40% of the
suggested retail price.
B)
No returns on electrical parts will be granted.
C)
All items must be returned in their original packaging and in unused condition.
D)
BikeBandit.com must RECEIVE returned items within 15 days of the original
delivery date as shown on the UPS or FedEx tracking system. After 15 days
all sales are considered final and no returns will be accepted.
E)
If the customer keeps any portion of an order, the original shipping charges
will not be refunded.
All
returns must be marked with a Return Authorization Number (RAN), which
can be obtained by writing to Returns@BikeBandit.com, and shipped freight
pre-paid to the address provided with the RAN.
Terms
of Use
Welcome
to BikeBandit.com's Terms of Use. These Terms of Use should be read carefully
upon visiting BikeBandit.com (the "Site") and using the Site.
Please check back periodically, as BikeBandit.com reserves the right to
modify the terms and provisions set forth herein from time to time.
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Acceptance
of Terms
By
visiting the Site or using the Site, you are considered a "User"
(also identified as "you" or "your"), and you accept
the terms and provisions set forth herein. If you do not agree with all
of these terms or provisions, do not visit or use the Site. Visiting and
using the Site is expressly conditioned upon the User's assent to all
the terms and provisions set forth herein.
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Content
BikeBandit.com
strives to assist you in shopping for and purchasing manufacturer's original
equipment parts, accessories and after-market products in an e-commerce
format. However, BikeBandit.com does not guarantee the accuracy, integrity,
or quality of any material that is found on, in connection with, or posted
to our Site. BikeBandit.com has no obligation to review, screen, edit,
monitor, or censor any material contained or presented on or in the Site,
including manufacturer's claims or advertising. BikeBandit.com has no
liability for any material associated with or found on our Site. BikeBandit.com
reserves the right to monitor, access, modify or edit any information,
material or use thereof affiliated with the Site; to remove any material
that does not comply with the terms or provisions herein; to establish
general practices and limitations concerning the use of the Site; and
to change these general practices and limits at any time, in its sole
discretion, with or without notice.
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Conduct
In
consideration for use of the Site, each User agrees to provide true, accurate,
current, and complete information regarding any information that is required
for continued use of, purchase from or registration with the Site. You
further agree to maintain and promptly update any required information
in order to ensure that it is true, accurate, current, and complete. If
information is not maintained and promptly updated, BikeBandit.com reserves
the right to refuse any and all current and future use of BikeBandit.com.
BikeBandit.com
may be used solely for lawful purposes, and may not be used in such a
manner as to violate any applicable law, including but not limited to
patent, copyright, trademark, obscenity, privacy, anti-trust, defamation
or export control laws. BikeBandit.com may not be the venue for the sale,
exchange, promotion, solicitation or transfer of any material that is:
unlawful, harmful to minors in any way, misrepresentative, containing
computer viruses, or any files, computer code, or programs that are designed
to destroy, interrupt, or limit the functionality of any software or hardware,
disruptive to the use of BikeBandit.com by other users, or an intentional
or unintentional violation of any applicable local, state, federal, or
international law. BikeBandit.com, its agents, and its employees are released
from any liability or responsibility arising from any conduct in violation
of the foregoing prohibitions.
BikeBandit.com
reserves the right to prohibit use of the Site by any User who, in our
sole discretion, violates these Terms of Use. Such a prohibition can occur
without notice to the user. If you believe another user is violating these
terms, you may notify BikeBandit.com, and we will work in good faith to
resolve any such issues.
BikeBandit.com
reserves the right to disclose any material contained on or associated
with the Site, or information relating to such material, if required to
do so by law or in good faith belief that such records or disclosures
are reasonably necessary to (i) comply with the legal process; (ii) enforce
the terms and provisions contained herein; (iii) respond to any claim
that material contained on or associated with the website is in violation
of any right of any third party; or (iv) to protect the rights, property,
or personal safety of BikeBandit.com, its employees, its users, or the
general public.
Each
User indemnifies and holds BikeBandit.com, its agents, co-branders, affiliates,
officers, and employees, harmless from any claim, demand or liability,
including reasonable attorney fees, made by any third party due to or
arising out of the content submitted, posted or otherwise transmitted
to BikeBandit.com, use of BikeBandit.com, violation of the terms and provisions
contained herein, violation of any right of any third party or violation
of any applicable law.
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Ownership
All
materials on BikeBandit.com created or provided by BikeBandit.com, including
text, graphics, logos, icons, and images, are the property of BikeBandit.com
or its content providers, and are protected by United States and international
intellectual property laws. The compilation of all the content on this
website is the exclusive property of BikeBandit.com and is also protected
by United States and international intellectual property laws. You may
download, view, copy, and print the materials on this Site for personal
use only, provided that you do not remove or alter any trademark, service
mark, or logo, or any copyright or other intellectual property notices.
Except as provided above, you may not download, view, copy, print, reproduce,
distribute, republish, display, post, transmit, or modify any material,
or portion thereof, located on the Site in any form or by any means without
the prior written consent of BikeBandit.com. BikeBandit.com reserves the
right to revoke any of the rights granted herein at any time, and those
rights automatically terminate if you violate any of the terms or provisions
herein. Upon revocation or termination of such rights, you must destroy
any digital or printed copies obtained from any portion of the Site. Unauthorized
use of any material on BikeBandit.com may violate copyright law, trademark
law, and other laws of the United States and other jurisdictions. All
rights not expressly granted herein are reserved.
The
following is a non-exclusive list of BikeBandit.com trademarks which may
be used on the Site: The trademarks, service marks, and logos used on
BikeBandit.com are trademarks of BikeBandit.com or others. Nothing on
BikeBandit.com shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark without the prior
written consent of BikeBandit.com. The designations ä, ®, ©,
SM or any other intellectual property symbols reflect registration and/or
use in the context of United States laws as such relate to such intellectual
property symbols.
With
respect to any material that you submit, you grant BikeBandit.com a royalty
free, perpetual, irrevocable non-exclusive license to reproduce, modify,
adapt, create a derivative work from, perform, distribute, or publish
any such material.
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Payment
of Fees and Charges
Each
Useris responsible for, and agrees to pay promptly, all fees and all charges
to its account, including applicable taxes and any charges generated by
anyone allowed by the User to use its account, including family members
or friends. Failure to pay any fees or charges when due (including failures
caused by a returned check or a rejected electronic payment) authorizes
BikeBandit.com to suspend or terminate that User's ability to use BikeBandit.com
to purchase products from our affiliated dealerships ("Affiliates").
Each User is responsible and liable for any fees, including attorneys'
fees and collection costs, that an Afiliate or BikeBandit.com may incur
in efforts to collect any unpaid balances from that User. If payment is
returned to an Affiliate for any reason, including chargeback, BikeBandit.com
reserves the right to suspend or terminate that User's use of the Site.
BikeBandit.com may at any time change the amount of fees, including changing
the amount of, or basis for determining, any fees or charges for the products
or services of an Affiliate or BikeBandit.com, and instituting new fees
or charges.
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Links
to Other Sites
BikeBandit.com
may contain links to other web sites, including links to manufacturer's
or Affiliates web sites. BikeBandit.com has no control over, and accepts
no liability, obligation, or responsibility for, the contents or performance
of other websites. Any such links do not necessarily constitute an endorsement
of or any representation regarding the linked website, its content, its
owner, its performance, or its owner's products or services.
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Disclaimer
of Warranties
Some
products and services sold on the Site are provided by third parties with
representations and warranties provided by those third parties; unless
specifically stated otherwise, BikeBandit.com makes no other representations
or warranties whatsoever with respect to the products or services of third
parties. BikeBandit.com warrants that it will comply with the Purchase
and Return Policy solely with respect to any products or services purchased
through BikeBandit.com from an Affiliate or other vendor.
EXCEPT
FOR THESE LIMITED WARRANTIES, THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. BIKEBANDIT.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PURPOSE, AND NON-INFRINGEMENT. BIKEBANDIT.COM MAKES NO WARRANTY THAT (i)
THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED,
OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES,
OR NEEDS; AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES BIKEBANDIT.COM
WILL BE CORRECTED.
Any
material distributed, downloaded, or accessed from BikeBandit.com is done
at your own risk and discretion. You will be solely responsible for any
damage to your computer system, loss of data, or loss due to your reliance
upon any such material. BikeBandit.com assumes no responsibility, and
will not be liable for, any damages to, or any virus or any other disabling
code that may infect your computer equipment, software, or other property
as a result of your downloading, viewing, or otherwise using BikeBandit.com,
any of its material, or any other site which contains a link to BikeBandit.com.
No information or advice obtained from the Site, whether oral or written,
shall create any warranty not expressly stated herein.
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Limitation
of Liability
IN
NO EVENT WILL BIKEBANDIT.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSS (EVEN IF BIKEBANDIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR
TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH
OR FROM BIKEBANDIT.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED
BY BIKEBANDIT.COM. BIKEBANDIT.COM SHALL NOT BE LIABLE FOR ANY FAILURE
TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH FAILURE RESULTS FROM ANY
CAUSE BEYOND BIKEBANDIT.COM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
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Global
Availability & Applicable Laws
BikeBandit.com
may contain references to products, services, or programs that are not
available in your country. Such references are not intended to announce
such products, services, or programs in your country. BikeBandit.com make
no representation that access to BikeBandit.com is permitted under the
laws of your country, and access to BikeBandit.com is prohibited anywhere
such access would violate local law. You are responsible for compliance
with all applicable laws governing your access to BikeBandit.com. The
use of BikeBandit.com and any claim relating to it or its contents are
governed by laws of the state of California, United States of America
and controlling federal law of the United States of America, without regard
to conflict of laws provisions.
BikeBandit.com
may contain or facilitate access to products and/or services which are
subject to United States export controls and which may not be accessed
or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North
Korea, Iran, Syria, or any other country upon which the United States
has imposed an embargo; or (2) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders ("Embargoed Countries"). You hereby agree
to the foregoing and represent and warrant that you are not a national,
resident or under the control of any such country, or on any such list.
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Access
BikeBandit.com
is an Internet-based medium. You will provide all equipment and services
and be responsible for all telephone and other charges necessary to access
BikeBandit.com. If you have a question about whether an access number
you are using to access the Internet is a long distance or toll call from
your location, you should contact your local telephone company. BikeBandit.com
is not responsible for any access charges you may incur in accessing the
Internet to visit or use our Site. Our Site is usually available at all
times, 24 hours a day, 7 days a week, but BikeBandit.com reserves the
right to make the Site unavailable from time to time for any reason, including
scheduled and unscheduled maintenance. BikeBandit.com is not liable for
any damages arising from any interruption, suspension or termination of
the Site, or from your inability to access the Site.
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General
Information
The
terms and provisions of these Terms of Use are governed and construed
solely in accordance with the laws of the State of California. The sole
jurisdiction and venue of any action related to these Terms of Use shall
be the California State Courts and the United States federal courts having
within their jurisdiction the location of BikeBandit.com's principal place
of business, and you and BikeBandit.com agree to submit to personal and
exclusive jurisdiction of these courts. Any failure by BikeBandit.com
to exercise or enforce any term, provision, or right established by these
Terms of Use shall not constitute a waiver of such term, provision, or
right. The terms and provisions set forth in these Terms of Use are the
complete and exclusive Terms of Use between BikeBandit.com and you and
they supersede and cancel all previous agreements, communication, and
other understandings pertaining to these Terms of Use, except any terms
and conditions contained in the Privacy Policy or any other document specifically
referenced herein. In the event that any term or provision of these Terms
of Use is deemed invalid or unenforceable by a court of competent jurisdiction,
the term or provision shall be limited or interpreted in such a manner
as to render the remaining terms and provisions valid and enforceable
to the maximum extent allowed by law. These Terms of Use do not create
an agency, joint venture, or employment relationship, and you do not have
the right to bind BikeBandit.com in any respect whatsoever. The terms
and provisions of these Terms of Use may not be assigned, transferred,
or sublicensed by you; however, BikeBandit.com reserves the right to assign
these Terms of Use in part or in whole to any third party. You agree that,
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to these Terms of Use must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms of Use are for convenience only and
do not have any legal or contractual effect whatsoever.
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Copyright
2000 PartsBandit.com., Inc. All rights not expressly granted in these
Terms of Service are reserved.
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