Terms and Conditions
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase (“Ts&Cs”) apply to all purchases of bicycles, components, equipment and any other products or services now or in the future offered for sale by M BIKES USA, a Georgia limited liability company (“MBIKES”) and you the purchaser (sometimes referred to as “you” or “Customer”).
MBIKES will ship within the continental United States for a flat rate of $30 USD. The bike and/or components, as the case may be, will be conveniently delivered to your door via FedEx Ground (or similar delivery service). Residents of Hawaii, Alaska or Puerto Rico can email email@example.com with their address for a USPS Priority Mail service shipping quote and Canada residents for a FedEx International Economy shipping quote.
Your bike and/or components, as the case may be, will arrive in a large box and will be approximately 90% assembled. Instructions and tools are included for the simple final assembly. It is important to tighten all of the bike’s cranks, pedals, lock rings, and other screws and components before riding. These components should be tightened regularly and checked after every bike ride. Stripped components and threads are a result of loose bike parts and are NOT covered by the limited warranty set forth below. It is your responsibility to ensure that the bike is properly assembled and that components are tight before every ride. WE HIGHLY SUGGEST THAT EVERY CUSTOMER VISIT THEIR LOCAL BIKE STORE FOR SAFETY CHECKS AND FINAL ASSEMBLY TO GUARANTEE THE SAFEST AND MOST ENJOYABLE RIDING EXPERIENCE.
For residents of the State of Georgia, please note that sales tax is applicable to orders shipped within Georgia. Georgia state sales tax is currently 4% (plus additional county surcharges where applicable). Shipping and handling charges are taxable in the State of Georgia. Orders placed in Georgia are not subject to sales tax if the order is shipped outside of Georgia.
MBIKES will accept returns within thirty (30) days of the shipping date provided that the bike and/or components, as the case may be, is in new condition, has not been ridden and is sent back in its original box. For any returns, if the bike or packaging on its delivery to MBIKES is damaged due to improper re-packaging, MBIKES shall not provide a refund and the product shall not be re-delivered to you. For all returns, we require a receipt as proof of purchase and a return authorization number. You are required to email firstname.lastname@example.org with your order number (located in your original order confirmation email) to receive a confirmed return authorization number. You shall be responsible for any shipping charges that may apply; provided, however, that in the event you have erroneously received the wrong product, color, or size, MBIKES shall pay the [return] shipping fee [together with the shipping costs relating to delivering the correctly ordered product].
If the bike and/or components, as the case may be arrives to you defective or damaged, you can return it for replacement or refund with no penalty. MBIKES will refund the actual ground shipping costs of your return in such a situation.
If you determine that you chose the incorrect size bike or frameset, you can return it for a properly-sized replacement within thirty 30 days of the shipping date. The bike or frameset must be in new condition and must not have been ridden outside.
Limited Warranty; Disclaimer of additional warranties:
All MBIKES forks and frames are warranted to be free from manufacturing defects for one (1) year from the date of purchase. The foregoing limited warranty ensures that the material and workmanship of the frames and forks are free from defaults upon delivery of the bike.
Proof of purchase is required for the warranty to be valid. All warranty items must be sent to MBIKES in accordance with our returns policy set forth above. You are solely responsible for all shipping costs incurred. Unless otherwise provided, the sole remedy under the above limited warranty is the replacement of defective parts with those of equal or greater value at the sole discretion of MBIKES.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
Warranty does not cover:
MBIKES shall not assume any responsibility or liability for any damage to the frame or forks arising from normal wear and tear, abuse, neglect, improper repair, improper maintenance, custom alterations, modifications, accidents, improper use, or failure to follow assembly instructions. Tires, tubes, grips, pedals, cranks, brake pads, cables and other parts are not covered as these bike components experience considerable wear and tear.
Limitation of Liability; Disclaimer:
MBIKES total aggregate liability to you for any and all claims and damages arising from or out of your purchase of the bike and/or components, as the case may be, shall be limited to the total purchase price paid you. shall not be liable for any incidental or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products whether based on contract, warranty, negligence, or product liability, or any other theory, including, without limitation, personal injury damages, property damage, or economic losses.
IN NO EVENT SHALL MBIKES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
Governing Law; Venue:
Any and all claims arising out of or relating to the purchase of a bike and/or components from MBIKES, or any other matters associated with MBIKES, shall be brought in a state or federal court of competent jurisdiction in Atlanta, Georgia. The laws of the State of Georgia shall govern and control without regard to any principle of conflicts of laws. You consent to the personal and subject matter jurisdiction of the state and/or federal courts located in Atlanta, Georgia and waive (a) any objection to jurisdiction or venue, or (b) any defense claiming lack of jurisdiction or improper venue, in any action brought in such courts.
MBIKES shall not be liable for any loss, damage or delay resulting from any event beyond its reasonable control or other events of force majeure, and delivery and performance dates will be extended to the extent of any such delays. “Force majeure” includes, without limitation, acts of God, strike, lockout or other industrial disturbance, acts of public enemy, war, blockade, public riot, civil disturbance or unrest, lightning, fire, storm, flood, hurricane, earthquake, tsunami, tornado, matters arising from global warming, explosion, governmental restraint, unavailability of equipment and any other cause, whether of the kind specifically enumerated above or otherwise.
Any notice or other communication to MBIKES shall be in writing and (a) sent via electronic communication email@example.com, or (b) sent first class, postage prepaid, via the postal service or commercial overnight courier to the company’s office address listed on our contact page. Any notices to you the customer will be sent to the purchaser’s attention at the address listed on the purchase order and may be sent (in MBIKES’ sole discretion) via the methods set forth in subparagraphs (a) or (b) above.
No Third Party Beneficiaries:
No person or entity, other than the parties shall be a direct or indirect beneficiary of, or shall have any direct or indirect cause of action or claim in connection with, these Ts&Cs.
Neither party shall be considered the drafter of these Ts&Cs so as to give rise to any presumption or convention regarding construction of these Ts&Cs.
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