Terms and Conditions
TERMS AND CONDITIONS
Effective date: 1st March 2023
Welcome to CyclingUpgrades.com! These terms and conditions (“Terms”) govern the use of our website at www.cyclingupgrades.com (“Website”) and any purchase made from Cyc1sts Garage, LLC dba CyclingUpgrades.com (“CyclingUpgrades.com,” “we,” “us,” or “our”) via our website or eBay store.
By visiting our site and/or when purchasing something from us, you (“User” of “Customer) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all customers of the site, including without limitation customers who are browsers, customers, consumers and/ or contributors of content.
- General Information
- We sell high-end pre-owned cycling parts and components on eBay and on our website to consumers in the USA and abroad. To find out more information about what we do, please refer to our website.
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
CyclingUpgrades.com is strictly limited to parties who can lawfully enter into and form contracts on the Internet. By using or engaging with the website, the customer also acknowledges and agrees that he/she is permitted by their jurisdiction’s applicable law to use and/or engage with the website.
All orders are subject to acceptance and availability. Once the customer has placed an order on the Site, the customer will receive an email acknowledging the details of the order. This email is not an acceptance of the customer order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to the customer or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We require full payment for all orders before we ship the order. We accept all major credit cards. If any payment is declined or charged back, we reserve the right to cancel the order or pursue legal action to recover any outstanding debts against the customer/customer.
We require a signature for all orders over $750 to ensure the safe and secure delivery of the order and receiving a receipt of goods.
- Theft after Delivery
Once we deliver the order to the address provided, we are no longer responsible for any theft, loss, or damage that may occur. It is the customers responsibility to ensure that the delivery address is secure and that the customer or someone authorized by the customer is available to receive the package. If the customer suspects that the package has been lost or stolen, please contact us immediately to report the issue. We also suggest the customer contact the local Post Office, UPS, or Fedex location if a package has been lost or stolen after delivery.
We provide basic insurance coverage on all orders against loss and/or damage in transit. This includes coverage of up to $200 on orders below $750 and coverage of up to $500 for orders over $750. If the package is lost or damaged in transit, please contact us immediately to report the issue. If additional insurance coverage is desired, please contact us for insurance pricing after placing the order.
- Pricing Policy
Prices shown on the Site are in US Dollars. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If the customer had placed the order for a product before the price change, the price will be as stated on our website at the time when the customer had placed your order.
- Shipping, returns, and refunds
Please refer to our Shipping, returns, and refunds policy for more information on this section.
- Permitted use
The User agrees to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. The user may only use the Site and Services for thier non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
The User will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by CyclingUpgrades.com;
- Gain unauthorised access to CyclingUpgrades.com’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, CyclingUpgrades.com’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by CyclingUpgrades.com in a way that is likely or intended to confuse the owner or authorized customer of such marks, names or logos.
- Discount Codes
We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.
- Limited License and Site Access; Acceptable Use
The User may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other customer of the Site.
The User uses this Site at your own risk. The User agrees to be personally responsible for thier use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that the user engaged in prohibited activities, were not respectful of other customers, or otherwise violated the Terms and Conditions, we may deny access to this Site on a temporary or permanent basis and any decision to do so is final.
- Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. CyclingUpgrades.com is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of CyclingUpgrades.com. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify CyclingUpgrades.com immediately of any breach of security or unauthorized use of your account. CyclingUpgrades.com cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
- Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at firstname.lastname@example.org
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
- Monitoring Activity
- Digital Millennium Copyright Act
CyclingUpgrades.com expects all customers to respect the intellectual property rights of others. CyclingUpgrades.com may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at email@example.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for CyclingUpgrades.com to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
- Disclaimer of Warranty
THE PRODUCTS SOLD BY CYCLINGUPGRADES.COM ARE SOLD "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CYCLINGUPGRADES.COM DOES NOT MANUFACTURE THE PRODUCTS SOLD ON THE SITE, BUT TAKES STEPS TO INSPECT THE PRODUCTS SOLD ON THE SITE. HOWEVER, NO STATEMENT OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY COMPANY, AND COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.
BY PURCHASING AND USING THE PRODUCTS SOLD BY CYCLINGUPGRADES.COM, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS, INCLUDING BUT NOT LIMITED TO CRASHES AND ACCIDENTS ASSOCIATED WITH THEIR USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CYCLINGUPGRADES.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS SOLD BY CYCLINGUPGRADES.COM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSSES RESULTING FROM THE USE OF THE PRODUCT.
IF YOU ARE DISSATISFIED WITH THE PRODUCT FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY.
PLEASE NOTE THAT THE PRODUCTS LISTED ON THE SITE, WHETHER OFFERED DIRECTLY BY COMPANY OR BY A BUSINESS PARTNER, ARE OFFERED AND SOLD "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT ANY PRODUCT, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
BY PURCHASING AND USING THE PRODUCTS SOLD BY COMPANY, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS DISCLAIMER OF WARRANTY.
- Limitation of Liability
You agree that in no event shall CyclingUpgrades.com be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or CyclingUpgrades.com' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
You agree to indemnify and hold CyclingUpgrades.com and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
- Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of USA and you hereby submit to the exclusive jurisdiction of the US courts in the State of Utah.
- Privacy & Cookies
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
- Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
- Force Majeure
CyclingUpgrades.com is not liable for any delays caused by circumstances beyond CyclingUpgrades.com’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
- Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and CyclingUpgrades.com.com concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive CyclingUpgrades.com's right to act concerning subsequent or similar breaches.
- Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to CyclingUpgrades.com shall survive any termination.
- Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email on firstname.lastname@example.org
Call Or Text: 385-327-9863