Terms and Conditions
Effective: June 8, 2008
These terms and conditions of use (“Terms of Use”) govern your use of the Ergon USA Shop On Line Store (“Site”). By using this Site, you agree to be bound by these Terms of Use. If you do not agree, do not use this Site.
Entire Agreement
INFORMATION OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ERGON SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OR INABILITY TO USE INFORMATION OR MATERIALS, EVEN IF ERGON HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY NOT APPLY TO YOU.
These Terms of Use may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties unless such document is signed by both parties. Any attempt to supplement or amend these Terms of Use or to enter an order for Product(s) or Service(s) which is subject to additional or altered terms and conditions that is not signed by both parties shall be null and void.
Order Acceptance by Ergon / Acceptance of This Agreement by You
All orders for Products and/or Services placed by you are not binding until accepted by Ergon. You may not place an order unless you are at least 18 years of age. By placing an order, you are representing that you are at least 18 years of age. Notwithstanding any order confirmation, acknowledgement or other communication sent by Ergon, acceptance of an order occurs when a Product is shipped. Ergon may reject any order or any part of an order. If Ergon declines to accept your order, Ergon will attempt to notify you using the e-mail address you have provided with your order. Your submission of your order shall constitute your full acceptance of these Terms of Use. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT SUBMIT AN ORDER.
Limited Warranties
If Ergon issues a warranty for a Product, that warranty is in writing and accompanies the Product. Ergon reserves the right to modify any warranty at any time.
Payment Terms; Price Confirmation
Products are priced in US Dollars and are available for sale to U.S. residents only. [You may pay for your order with one of the following credit cards issued in the U.S.: Visa®, Mastercard®, American Express® and Discover®.] Ergon does not accept cash, COD or personal checks. In most cases, your credit card will not be charged if Ergon declines to accept your order. If your credit card has been charged, Ergon will process a refund. Ergon payment terms are subject to change without notice at Ergon's sole discretion. We reserve the right to limit quantities. Quantities are subject to availability. In the event of shortage, Ergon may allocate sales and deliveries in its sole discretion. Not all delivery options may be available in all areas. Extra delivery time may be required for shipments to Alaska, Hawaii and remote locations.
Shipping and Handling/Risk of Loss
Unless otherwise noted, Product prices do not include shipping and handling, Ergon will use its discretion in selecting a reputable carrier and appropriate means of shipment. Products can only be shipped to addresses in the U.S. [We are unable to ship to P.O. Boxes, Puerto Rico and the U.S. Virgin Islands. We ship most in-stock orders within 24 hours. Orders received after 3:00PM CST will be processed the following business day.] You assume the risk of loss or damage to Products in transit. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. If some of the items in your order are temporarily out of stock, we will ship the available items and place the others on back order. [If you decide that you no longer want to purchase the back ordered item, simply e-mail us at service@ergon-bike.com.]
Returns and Exchanges
Please visit http://ergonbike.myshopify.com/pages/returns-and-exchanges
Products and Services
Ergon continually updates and revises Products and Services. Prices are subject to change at any time prior to Ergon’s acceptance of your order. Ergon may modify and/or discontinue Products and Services at any time. Changes in Products and Services shipped and/or provided and Products and Services described on this Site and/or in direct sales materials (ads, catalogs, specification sheets etc.) are possible. It is your responsibility to obtain the most up-to-date information available. Ergon Products are new unless specified as refurbished.
Coupons and Promotions
[During the order process, enter your coupon/promotion code when prompted. Only one coupon per customer, unless specified in writing. Coupons are not valid with any other coupon offer, promotion or prior purchases. Coupons and promotions are issued with expiration dates, or until inventory is depleted. Each coupon and promotion has different requirements and discounts. Dollar-off coupons may have minimum purchase amounts. Percentage-off coupons may have maximum dollar values. All requirements must be met to receive your discount. Some coupons are valid only on certain products. Dollar-off or percentage-off coupons are applied to the merchandise subtotal before any shipping charges or taxes have been applied. If you cancel or return item(s), this may change or void coupon discounts applied to your order. This happens when the cancellation or return causes the merchandise subtotal (before any shipping charges or taxes have been applied) to fall below the minimum requirement. Coupons and promotions are not valid where prohibited by law.]
Privacy Policy
Ergon’s Privacy Policy for the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Ergon’s Privacy Policy click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Taxes and Fees
Prices do not include any sales, local or other similar taxes or fees. Taxes are collected and remitted as required by law on purchases made via the Site. Where applicable taxes and fees will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, at time of order, you must provide Ergon with an appropriate tax exemption certificate.
Resale
You certify and agree that you are purchasing Product(s) for your internal use only, and not for resale. You agree not remove components from Product(s) for resale.
Title
Title to Product(s), other than software, passes from Ergon to you upon shipment. Title to software shall remain with the applicable licensor(s).
Headings
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Entire Agreement
These Terms of Use constitute the entire and exclusive agreement between you and Ergon concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Ergon.
Disclaimer
Specifications, availability, prices and terms & conditions of offer are subject to change without notice. Ergon is not responsible for photographic, typographic or system errors.
Website Terms of Use
Ergon’s Website Terms and Conditions of Use are hereby incorporated herein by this reference and you agree to abide by such Terms and Conditions of Use. If any terms herein conflict with the terms of Ergon’s Website Terms and Conditions of Use, the terms herein shall control.
These Terms of Use may be changed from time to time and are effective immediately upon posting such changes on the Site.