Terms & Conditions
BUYCYCLE INC.
WEBSITE TERMS & CONDITIONS
These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Buycycle Services" or "Services") provided by BUYCYCLE INC. ("Buycycle", "we," "us," and/or “Company”). PLEASE READ THESE TERMS CAREFULLY, INCLUDING TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANDATORY ARBITRATION PROVISIONS IN SECTION 24, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 23.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, PRIVACY POLICY AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
. Except as otherwise provided, the Terms or any part of them, are subject to change at any time without notice other than as required by law. Where required by law, or at our discretion, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website and/or sending a message to the email address (or other contact information at our discretion) associated with your account. You may refuse the amendment and cancel your agreement with us without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force. Unless you notify us within thirty (30) days from the time you receive notice of the new Terms that you do not agree to these new Terms, you will be deemed to have agreed to the revised Terms.
From time-to-time Buycycle introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
To contact Buycycle regarding the Services or your account, please visit the Contact Us Page where we'll ask for certain information that will allow us to effectively respond to your message. Alternately, you can submit general inquiries regarding these Terms or our Services to [email protected].
1. Parties To This Agreement And Consideration.
The parties to this Agreement (the "Agreement") are You (hereinafter “You” “Your” or the "User"), and BUYCYCLE INC. (hereinafter the "Company," “We,” “Our,” or “Us”).
1.1. By accessing the Materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited personal non-transferable right to access the contents of Website and affiliated sites operated by the Company.
1.3. This Agreement is subject to change by the Company at any time and changes shall become effective upon the Company providing notice thirty (30) to Users[by posting at, or via hyperlink to the Website, or by sending an email from Us to the email address associated with the Your User account.
1.4. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.5. Any action on Your part to Bookmark to a page on this Website whereby the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.
2. Use of Website: You agree to not do any of the following:
violate any laws or Company policies;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users;
copy, modify, or distribute any of the Company’s content on this Site or any other person's content posted on the Site, unless expressly authorized to do so;
use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their instruction;
bypass measures used to prevent or restrict access to the Website.
3. The Buycycle Services
3.1. Posting Items
The Buycycle Services allow you to post items for sale by uploading pictures and providing item descriptions. You can post items through the Services without charge.
3.2. Buying and Selling
When a buyer and seller agree on a price for an item posted for sale on the Services there are several options for completing the transaction.
Buycycle Services allow you to pay for a purchase with a credit card or other electronic payment method through the Services ("Buycycle Payment Solution"). All purchases made using the Buycycle Payment Solution are made directly between you and the other party according to these Terms and any other terms the parties mutually determine. Buycycle is not a party to such transactions and disclaims any and all responsibility to facilitate such transactions or provide refunds or returns, other than as expressly provided in the Purchase Protection Policies.
3.3. Payment Accounts
If you choose to make or accept payment for items using the Buycycle Payment Solution, you agree to pay the relevant service fees. To the fullest extent permitted by applicable law, Buycycle reserves the right to change the service fees from time to time upon notice to you where required by law or at our discretion.
Making or accepting payment using the Buycycle Payment Solution requires you maintain an account with Buycycle. Buycycle currently uses Adyen N.V. a payment processing service, as its Payment Provider. By providing your credit card or deposit account information, you are entering into an agreement with Buycycle and agree to the terms of the Payment Provider’s Agreement, which includes its own Terms of Service (collectively, the "Payment Provider Services Agreement"). Buycycle is not a party to the Payment Provider Services Agreement and is not responsible for the payment services provided by Payment Provider. If Payment Provider discontinues providing services in connection with the Buycycle Payment Solution, you authorize Payment Provider to share your payment method information with an alternative payment provider.
Buycycle, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Buycycle Payment Solution. Additionally, the Payment Provider may impose its own limits on your use of the Buycycle Payment Solution. THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO USE THE BUYCYCLE PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE BUYCYCLE PAYMENT SOLUTION. IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED THROUGH THE BUYCYCLE PAYMENT SOLUTION, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE BUYCYCLE PAYMENT SOLUTION.
YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE BUYCYCLE PAYMENT SOLUTION MAY BE REVOKED, DISABLED, OR LIMITED IF THE PURCHASE OR SALE VIOLATES ANY OF THESE TERMS, INCLUDING THE PROHIBITED ITEMS GUIDELINES REFERENCED IN SECTION 4.
The buyer's payment, minus any applicable Buycycle fee, will be released to the seller typically 3-5 business days after the purchased item has been delivered to the buyer, provided that no claims are made by the buyer under the Purchase Protection Policies. Purchase Protection claims may result in delay and/or cancellation of payment being released to the seller. Sellers authorize the Payment Provider to pay Buycycle from Seller's account any fees incurred by the Seller from using the Services.
3.4. Taxes
You are responsible for any sales, use, duty, import taxes or other governmental taxes or fees due with respect to your purchase or sale through the Services. You are also responsible for compliance with US or Canadian customs and regulations if applicable to your purchase.
Buycycle will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state, province or territory. Buycycle maintains a list of the states, provinces and territory where it collects sales tax. If you are in a state, province or territory where Buycycle does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for sales made through the Buycycle Services.
Buycycle may need to report your earnings from Buycycle transactions to the Internal Revenue Service or the Canada Revenue Agency if you hit certain thresholds of activity on the "Buycycle Platform" (defined as both the Buycycle app and Buycycle.com). If Buycycle determines that it is necessary to report your earnings, we will ask you for personal information, such as your social security number, in order to complete tax form 1099-K or any other applicable tax form. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information.
3.5. Shipping
Buycycle allows sellers to post bicycles as being available for shipping nationwide (within the contiguous United States and Canada).
Sellers who post items as being available for shipping nationwide must ship their items in accordance with Buycycle's Shipping Policies. Sellers who receive a pre-paid shipping label are charged a fee for sales that results in an item being shipped. The seller may cancel an accepted offer up until the package is initially scanned for mailing by our authorized shipping partner.
Buyers who have requested items be shipped to them pay for the cost of shipping items. When a seller accepts a buyer's offer to purchase an item and have it shipped to them, Buycycle will charge or put a hold on the buyer's method of payment, pending delivery of the item. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer.
Buycycle is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers. Buycycle is not liable for any losses, damages, or delays related to shipping and users ship any item at their own risk
You agree not to use the Buycycle shipping service in a manner that violates the law and/or United States Postal Service regulations, including but not limited to the U.S. Postal Service Publication 52, Canada Post Corporations Act or Transportation of Dangerous Goods Act in any way. Without limiting the forgoing, you may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018. You agree to label any package containing medium lithium cells/batteries with “LITHIUM BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL” and only ship such packages by ground.
4. User's Code of Conduct: You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Attempt to induce any user into buy-sell correspondence outside of the Buycycle Platform;
• Sell, resell or commercially use the Buycycle Services except as expressly permitted by us;
• Sell or offer for anything that violates our Prohibited Items Guidelines;
• Sell, offer, or post items or content that is fraudulent, misleading, or deceptive;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Provide false, inaccurate or misleading information to Buycycle or our service providers, including when registering for an Buycycle account, applying for the TruYou badge or using the Buycycle Payment Solution;
• Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• Use, or attempt to use, any form of gift certificate or cryptocurrency as payment for any item posted or offered on the Buycycle Platform;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Develop or use any third-party applications that interact with the Buycycle Services without Buycycle's prior written consent;
• Use any type of automated means to utilize the Buycycle Services or to collect or extract data from Buycycle, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Buycycle; or
• Use the Buycycle Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Buycycle).
You will establish and use your Buycycle account only in accordance with any guidelines issued by Buycycle. Without limiting the forgoing, you will not:
• Create more than one account;
• Transfer your account to another user;
• Attempt to obtain the password, account information, or other security information of another user; or
• Attempt to use another user's account without authorization from that user and Buycycle.
If you engage in any of the conduct described above or similar conduct, Buycycle may suspend or terminate your right to access the Services. Enforcement of this Section 4 is solely at Buycycle's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
5. Accounts, Passwords and Registration to the Website. You agree that We are not responsible or liable for the personal protection and security of any password or username that you may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.
6. Content from the Website. As between You and Us, You own any and all content that You submit to the Website. You grant Us and Our affiliates a right to distribute and send your content to third-parties to perform the transaction(s) being requested.
7. Abusing the Website. Please send Us an email at [email protected] to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.
8. Limitations on Website Services. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
9. Posting Agents. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.
10. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal,state or provincal laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) or any applicable anti-spam legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
11. Intellectual Property Rights & Website Content. We, reserve all of Our intellectual property rights. This Agreement does not grant you any right or license with respect to any of our copyrights, trademarks, service marks, graphics and logos. The Website contains content from Us, You, and other users. You agree not to copy, modify, or distribute any content whatsoever from the Website, including all our copyrights or trademarks. When You give Us content, You are granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content and waive all moral rights in and to all such content. By posting to the Site You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us at [email protected] and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use or of any party's rights. Any content posted by a user other than by Us shall not be deemed such and does not reflect the thoughts, comments, ideas, opinions, or otherwise of Us.
12. Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party's rights. If You have a good faith belief that a listing on the Website infringes Your copyright, trademark, or other intellectual property rights, then You must immediately contact Us in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website that You claim is infringing so that we may locate it on the Website; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury or statutory declaration that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act or Copyright Act. This section shall survive the termination of this Agreement.
13. Liability. To the extent permitted by applicable law, You agree not to hold Us or our Affiliates responsible for things other users post or do. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted We expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of the Website, even if You advise Us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. This section shall survive the termination of this Agreement.
14. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BUYCYCLE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
15. Assumption of Risk.
A. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH BUYCYCLE'S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, BUYCYCLE DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 15-18 OF THESE TERMS.
16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUYCYCLE ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORSWILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BUYCYCLE OR THE OTHER BUYCYCLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENDED PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BUYCYCLE AND THE OTHER BUYCYCLE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO BUYCYCLE IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
The limitations set forth in this Section 18 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Buycycle or the other Buycycle Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17. Buyer Protection. Buycycle supports the buyer in the context of the so-called buyer protection in the enforcement of any warranty claims against the seller, especially in the case of non-performance or poor performance or delivery, the significant deviation of the road bike condition from the product description of the seller or in the case of withdrawal, provided that the buyer notifies Buycycle within 48 hours since non-performance or poor performance or delivery or the buyer asserts a right of withdrawal to which he is entitled. A size that does not fit is not a reason for rescission.
The object of the buyer protection is an examination by Buycycle as to whether there is actually a defect in the subject matter of the contract. For this purpose, the buyer can first send the subject matter of the contract to Buycycle at his own expense, which will be checked there for the alleged defect.
If a defect turns out, Buycycle will contact the seller and clarify whether a rescission is accepted or a - possible - repair is to be carried out by Buycycle at the seller's expense. If the seller decides to rescind the contract, he will receive the object of the contract back against payment of a shipping fee. Buycycle will collect the amount owed by the seller via the payment service provider Adyen or set it off against any future payouts as defined in section 8. of theseTerms. Buycycle will make the refund of the full or partial purchase price to the buyer on behalf of the seller. Unless otherwise agreed between the parties, Buycycle will refund the amount owed by the seller to the buyer using the same means of payment that the buyer used to pay the agreed purchase price. Further information on customer protection can be found in the sales advertisements of the respective racing bikes.
As an alternative to rescission, the Seller may also choose a repair at its own expense by Buycycle, provided that the originally agreed quality of the subject matter of the contract can be achieved in this way.
If, after inspection by Buycycle, it turns out that there is no defect, Buycycle will inform the buyer and return the subject matter of the contract against payment of a shipping fee.
After the expiry of forty-eight (48) hours after the agreed or actual delivery date, the Buyer Protection no longer applies.
18. Release. To the fullest extent permitted by applicable law, you release Buycycle and the other Buycycle Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, job applicants and job posters, and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
19. Indemnity. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Buycycle and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the "Buycycle Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Buycycle Parties of any third-party Claims, cooperate with the Buycycle Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Buycycle Parties will have control of the defense or settlement, at Buycycle's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Buycycle or the other Buycycle Parties.
20. Terminating our Services. You may terminate or stop using our services at any time. We may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.
21. Dispute Resolution. This provision applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in Quebec. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Buycycle and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. This provision applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in Quebec. You and Buycycle agree that any dispute arising out of or related to these Terms or our Services is personal to you and Buycycle, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Buycycle related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
Arbitration of Disputes. This provision applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in Quebec. Except for small claims disputes in which you or Buycycle seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Buycycle seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Buycycle waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Buycycle or relating in any way to the Services, you agree to first contact Buycycle and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Buycycle by email at [email protected] or by certified mail addressed to Buycycle Inc.
The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for an Buycycle account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Buycycle cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 24, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000. You and Buycycle agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Buycycle agree that these Terms affect interstate commerce and that the enforceability of this Section 24 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Buycycle, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Buycycle agree that for any arbitration you initiate, you will pay the filing fee and Buycycle will pay the remaining JAMS fees and costs. For any arbitration initiated by Buycycle, Buycycle will pay all JAMS fees and costs. You and Buycycle agree that the state or federal courts of the State of Delaware and the United States sitting in Kent County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
For individuals resident in the province of Quebec, any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services, the breach, termination or validity thereof, or related thereto (in each case, including non-contractual disputes or claims), shall be governed in all respects by the laws of the province of Quebec, without regard to its conflict of law provisions, and shall be resolved in courts located in Montréal, Quebec, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
To the fullest extent permitted under applicable law any claim arising out of or related to these Terms or our Services must be filed within three years after such claim arose; otherwise, the claim is permanently barred, which means that you and Buycycle will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 24by emailing Buycycle at [email protected].
In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 24.
If any portion of this Section 24 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 24 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 24; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 24 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 24 will be enforceable. If you are a consumer, the provisions of this Section24 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.
22. Ownership; Limited License. The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Buycycle or our licensors and are protected under both United States, Canadian and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.
23. Suspension; Termination. Buycycle may revoke or terminate your License to access or use the Buycycle Services for any reason without notice at Buycycle's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Buycycle Services, or any other Buycycle product or service, or (iii) use the Buycycle Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Buycycle Services immediately if Buycycle suspends or terminates your License to access or use the Buycycle Services. Buycycle reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Buycycle Services during suspension or after termination. Buycycle may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Buycycle Services is suspended and after it is terminated.
24. Force Majeure. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part its obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.
25. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
26. Security Procedures. We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.
27. Copyright & Intellectual Property Complaints. You may report alleged intellectual property rights violations or counterfeit items to Us. Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Buycycle's designated agent as follows:
Designated Agent: Spiegel & Urtrera P.A.
Address: 9 East Loockerman Street, Suite 202
Dover, Deleware
19901
United States
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Buycycle for certain costs and damages.
28. Privacy Policy: Our Privacy Policy, https://buycycle.com/en-ca governs the processing of all personal data collected from you in connection with the Services. When you request Our online services, the information you provide to us is used to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THIS WEBSITE. WEBSITE TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE WEBSITE HEREBY AGREES THAT USER SHALL COMPLY WITH WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT WEBSITE RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, IN WEBSITES’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.
29. Website Terms and Conditions. The Terms and Conditions set forth on the Website shall govern any claim relating to the site’s Privacy Policy and will otherwise be deemed applicable to it.
30. Contributions. Please send questions, comments or complaints (“Contributions”) to [email protected]. You may also write to us at Spaces c/o buycycle; 730 Arizona Ave, Santa Monica, CA 90401 or call us at 1 (365) 363-2185. By submitting ideas, suggestions, documents or proposals to Us, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) We may have something similar to the Contributions already under consideration or in development; (v) you irrevocably non-exclusively license to Us rights to exploit Your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances.
31. Entire Agreement. You agree that These Terms of Use and the other policies posted on the Website constitute the entire, complete and exclusive agreement between The Company, the Site and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.
