Website and Service Use
By access of any Service or Product order from Micargi Bicycles (“Micargi Industry Inc.” and “MBI Sport Inc.”) or MicargiBicycles.com (“Micargibicycles.com”) website (the “Website”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and Micargi Bicycles (“Micargi Industry Inc.” and “MBI Sport Inc.”) agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Micargi Bicycles. By using the website and our services only for purposes that are permitted by this Terms and Conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by MicargiBicycles.com, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of MicargiBicycles.com. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website) and agree to the terms by using the website, Services, and Products.
Our Warranties and Disclaimers
We provide our Services and Products using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services and Products.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Micargi, MBI Sport Inc. NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES AND PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE USAGES OF THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND LIABILITIES.
Liability for our Services
WHEN PERMITTED BY LAW, MICARGI BICYCLES WILL NOT BE RESPONSIBLE FOR INJURIES, ACCIDENTS, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN ALL CIRCUMSTANCES TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MICARGI BICYCLES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES AND PRODUCTS ONLY (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, MICARGI BICYCLES AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services or Products on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Micargi Industry Inc., MBI Sport Inc., and its employees, officers, affiliates from any claim, suit or action arising from or related to the use of the Services and Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms and Conditions
We may modify these terms or any additional terms that apply to a Product or Service to, for example, reflect changes to the law or changes to our Services and Products. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service or Product, you should discontinue your use of that Service or Product.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Micargi Bicycles and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact Micargi Bicycles, please visit our contact page.