TERMS AND CONDITION OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IN ALMOST ALL CIRCUMSTANCES THEY LIMIT YOUR RIGHT TO SUE FOR DAMAGES
CLICK “I HAVE READ AND AGREE TO THE WEBSITE TERMS AND CONDITIONS” ON THE CHECK OUT PAGE TO ACCEPT THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT CLICK ACCEPT OR DO NOT ACCEPT THESE TERMS DO NOT BUY THIS PRODUCT.
These Terms of Conditions of Sale and any separate agreements shall be governed by and construed in accordance with the laws of British Columbia, Canada. The parties agree that any disputes or litigation about these products shall be submitted to the exclusive jurisdiction of the courts of the province of British Columbia, Canada.
1: Acceptance of These Terms. You (“Customer”) may place orders for Products with magped NA (“magped NA,” “we,” “our”) via our website (www.magped.us) or, in certain circumstances, over the phone. “Products” collectively means all items being sold by magped NA to Customer. By placing an order for our Products, you consent to these Terms and Conditions of Sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. Unless expressly agreed to in writing by magped NA, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever. magped NA’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.
2: GENERAL CONDITIONS. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3: Orders. All orders are subject to magped NA ’s acceptance. This means that magped NA may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you choose to purchase a product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by magped NA). If your credit card has already been charged for an order that is later cancelled, magped NA will issue you a refund.
4: Price. All listed prices are subject to change and exclude tax and shipping.
5: Taxes. The prices quoted for the Products sold hereunder do not include any foreign, 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”). All applicable Taxes will be added to the purchase price as required and the Customer shall pay such taxes at the time of sale.
6: Payment. All orders must be paid in full prior to shipment. magped NA accepts most credit and debit cards and PAYPAL and will honour any magped NA promotions. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.
7: Delivery and Risk of Loss. For shipments to the US and Canada, magped NA shall ship Products F.O.B. magped NA’s facility. Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Although magped NA is authorized to make shipping arrangements on Customer’s behalf and except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. Notwithstanding anything in these Terms to the contrary, any timeframe provided by magped NA is a good faith estimate of the expected delivery date. magped NA will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall magped NA be liable for any damages associated with magped NA ’s inability to meet any such timeframes or deadlines.
8: Returns. Except as otherwise provided herein, Customer may not cancel an accepted order without magped NA ’s prior written consent, which it may withhold in its sole discretion. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax. Customer shall arrange for and pay return shipping expenses. The Product(s) must be returned to magped NA within 30 days of purchase to:
40842 The Crescent
***Please ensure you write the following on the outside of the package to avoid customs fees: “RETURN TO SENDER HS TARIFF CODE 8714.96.1000″***
9: Limited Warranty. Subject to the following limitations, terms, and conditions, magped NA warrants to the original purchaser of each magped Service, that such Service when purchased new, are free of defects in materials and workmanship. This limited warranty may be exercised for a period of up to one year from the date of purchase. This limited warranty does not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly of the magped pedal onto the crank of the bicycle, improper maintenance, alteration, collision, crash, or misuse. Any warranty obligations shall be void in the event you modify the magped product or uses any attachment, feature, or device which is not specified as an approved attachment to the product.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, MAGPED NA DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR APPLICABLE CONSUMER PROTECTION LAWS. MAGPED NA’S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO, AT MAGPED’S SOLE DISCRETION, REIMBURSEMENT OF THE ORIGINAL PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT WITH THE SAME OR SIMILAR PRODUCT.To exercise rights under this limited warranty, Customer must return the affected Product to magped NA with proof of purchase (original invoice or credit card statement) to:
40842 The Crescent
Customer must pay costs of return shipment. magped NA reserves the right to modify this limited warranty at any time, in its sole discretion.
10: Limitation of liability. You agree that riding a bicycle of any type and using this magped product involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the user or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers and hazards may include for example (but without limitation) changing weather conditions, mechanical failure of the product or bicycles, loss of balance, difficulty or inability to control one’s speed and direction, variation or changes in the cycling terrain including holes, depressions, loose gravel, rocks, mud, creeks, etc., impact or collision with structures or objects used in connection with cycling, impact or collision with pedestrians, motor vehicles, horseback riders or other cyclists, impact or collision with trees, tree stumps, forest deadfall, rocks, or other natural or manmade objects on or adjacent to the cycling terrain, encounters with wildlife, including bears, travel on highways and back-country roads. Using this product may exacerbate and accentuate these risks.Customer agrees that such risks, dangers, and hazards are your sole responsibility. You agree that if you cause injury or damage to you or another person or property while operating a bicycle of any type that you may be liable for all resulting injuries, damages, and related costs. By choosing to use a magped product, you assume all responsibility for all related risks, dangers, and hazards, and you agree that magped NA is not responsible for any injury, damage, or cost caused by you with respect to yours or any person or property. You are solely and fully responsible for the safe operation of your bicycle always.In no case shall magped NA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any magped NA products procured using the service, or for any other claim related in any way to your use of the service or any magped NA product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or magped NA product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states, provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11: Entire Agreement. These Terms and Conditions of Sale constitute the entire and only agreement between magped NA and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
12: Severability. If any provision of these Terms and Conditions of Sale is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.
13: 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 the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.
14: Contact information. Questions about the Terms of Service should be sent to us at email@example.com.