[ This page will not be on the final website. This is a JavaScript test of the code to rotate an image. It is intended to replace the animated graphic currently on the front page. Try this one out and see if you like it. There's a chance this script will screw up the front page once I move it there, so I'm keeping it here for now. Note, we can only make the caddy rotate left and right. ]
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TERMS OF SALE
By submitting information to Cycle Caddy ("Cycle Caddy" or "us") or purchasing a product from Cycle Caddy through this website ("Website"), you agree to be bound by these Terms of Sale, as well as our Privacy Policy. Please read these Terms of Sale and our Privacy Policy carefully prior to submitting information to us or making a purchase from us through this Website. By doing any of the foregoing, you agree to be bound by these Terms of Sale and our Privacy Policy. If you do not agree with all of these Terms of Sale and our Privacy Policy , you are not authorized to submit information to us through this Website or purchase products through this Website, and your sole remedy is to stop using this Website.
PURCHASING PRODUCTS FROM THIS WEBSITE
You are only entitled to purchase products from this Website, or otherwise submit information to Cycle Caddy through this Website, for lawful purposes and pursuant to these Terms of Sale. To determine your compliance with these Terms of Sale, we reserve the right, but not the obligation, to monitor your use of this Website. By purchasing a product from this Website, or otherwise submitting information to Cycle Caddy through this Website, you represent and warrant to Cycle Caddy that you:
- are of legal age to agree to these Terms of Sale;
- if you are purchasing products on behalf of another person or entity, then you are authorized to act on behalf of that other person or entity for such purchase; and
- agree to be bound by these Terms of Sale.
ORDER PROCESS
All orders placed on our Website are subject to the acceptance of these Terms of Sale. During the order process, we will ask you to provide us with your name, address, zip code, phone number and email address. These details are stored within our customer database and are used consistent with the terms of our Privacy Policy.
During the order process, you will be asked to check a box whereby you confirm that you have read, understood and agreed to both the content and the applicability of these Terms of Sale. We will not take or process any orders unless these Terms of Sale have been accepted. The Terms of Sale in force at the time of completion of your purchase of a product will apply to your order, unless you and Cycle Caddy specifically agree to the applicability of a newer, revised version of these Terms of sale.
PRICING
All prices on our Website are in U.S. dollars. Prices for products on the Website exclude applicable sales tax and delivery charges. Estimated sales tax and delivery charges are displayed on your payment confirmation.
PAYMENT
We accept payment by, debit cards and the following credit major cards Visa, MasterCard, American Express and Discover. Cycle Caddy uses a third party processor to obtain a pre-approval from the credit card company for the amount of the order and to bill your credit card at the time of purchase. We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. After we confirm the product you requested is available in our current inventory and your payment information is validated, we will confirm the order and the product will be ready to be shipped to your designated place of delivery.
SALES TAX
Sales tax will be added to purchases, as applicable, based on the bill-to address and the sales tax rate in effect at the time of the purchase. If the sales tax rate for the billing address changes before the product is delivered, the new tax rate in effect at the time of delivery may apply.
DELIVERY
Delivery charges and timeframes vary depending on the delivery address and the product you order. For additional delivery information, please see our Delivery Information link.
Delivery timeframes are estimates only. While we endeavor to meet our estimated delivery dates, occasionally, due to unforeseen factors, delays in delivery occur. We shall not be held responsible for any delay or failure to deliver products within the estimated timeframes if it is wholly or partly caused by circumstances which do not lie within our control.
If no one is available at your delivery address to accept the order, a note will be left to advise you of the current location of your order. Alternatively, your order may have be returned to one of the carrier’s depots, and the note will provide information about how you can take delivery of your order.
The risk of damage or loss of products remains our responsibility until the earlier of the date the product is delivered to you or the date the first delivery attempt was made. Following the earlier of such dates, the risk of damage or loss is transferred to you.
LIMITED WARRANTY
Cycle Caddy provides the original retail purchaser of each new Cycle Caddy product a limited warranty ("Limited Warranty") that the product will be free from defects in material and workmanship for 90 days from the date of delivery by the original owner ("Limited Warranty Period"). This limited warranty is for the original owner only and is non-transferable. Cycle Caddy’s sole obligation with respect to the Limited Warranty is, without charge, to promptly repair or replace the defective part(s) identified in writing to Cycle Caddy during the Limited Warranty Period if such part(s) are found to be defective by Cycle Caddy upon receipt and inspection.
THIS LIMITED WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITED WARRANTY EXCLUSIONS
The Limited Warranty does not cover any of the following: normal wear and tear; failure to provide proper care and maintenance; unauthorized alteration, customization or modification; or damage caused by neglect, abuse, alteration, parts or repairs not made or authorized by Cycle Caddy. The Limited Warranty will be void in the event of any: failure to provide proper care and maintenance of the product; unauthorized alteration, customization or modification of the product; or use of parts or repairs not made or authorized by Cycle Caddy. Cycle Caddy shall not be responsible for proper function or warranty claims for a product when it is used for purposes or subjected to treatment for which it was not intended.
RETURNS
Please keep the paperwork provided with the product on delivery to expedite returns.
Products purchased through our Web site will only be accepted for return if you (i) first obtain a return authorization number from Cycle Caddy. Click here to obtain return instructions and authorization - Please Note: It may take 24 to 48 hours to receive a return authorization number; and (ii) return the product to Cycle Caddy within the applicable time period set forth below.
Following inspection by Cycle Caddy, if the Product is deemed defective under the Limited Warranty or otherwise meets the return requirements sets forth in these Terms of Sale for credit or exchange, the products returned (i) for repair or replacement will be repaired or replaced and you will be notified of the estimated time of re-delivery; and (ii) for a credit or exchange will have the credit or exchange applied less any shipping charges, restocking fees and other deductions as noted below. If a return is made, but not consistent with the return terms and conditions set forth in these Terms of Sale, then a 15% restocking fee will be charged. Also, if the product is not in sellable condition, then additional deductions may be applied by Cycle Caddy.
Unused products:
You may return unused products to Cycle Caddy for credit or exchange provided you return the product to Cycle Caddy within 30 days of your receipt of the product. All unused products must be new, unused and in their original, unopened packaging. You are responsible for all shipping costs and damages related to such shipping.
30 Customer satisfaction guarantee:
You may return used products to Cycle Caddy for credit or exchange (1 exchange per purchase) provided you return the product to Cycle Caddy within 30 days of your receipt of the product. You are responsible for all shipping costs and damages related to such shipping. The 30 Customer satisfaction guarantee may be used 1 time per purchase. Click here
to obtain return instructions and authorization.
Damaged products:
If a shipment arrives at your door with visible shipping damage or a product is damaged or defective per the terms of the Limited Warranty, please refuse the delivery and contact Cycle Caddy immediately. If you have already accepted delivery and then find shipping damage or a product is damaged or defective per the terms of the Limited Warranty, please (i) contact Cycle Caddy immediately for a return authorization or click here to obtain a return authorization number - Please Note: It may take 24 to 48 hours to receive a return authorization number; and (ii) return the product to Cycle Caddy within the applicable time period set forth below. If you attempt to return the merchandise without a return authorization of Cycle Caddy, you may not receive credit, exchange or refund for the return. All damaged product returns must be made within 30 days of your receipt of the damaged product.
WARRANTY REPAIRS AND SERVICE:
Warranty repairs and service will only be handled on a return authorization basis. Prior to shipping your product to us for warranty repair or service, you must contact us and obtain a return authorization number. All warranty repair and service must be authorized by Cycle Caddy in advance and the product shipped directly to Cycle Caddy for repair and service. Products requiring warranty repair or service shall be sent insured and freight prepaid to Cycle Caddy. Upon our receipt and evaluation, if we determine that the product qualifies for warranty repair or service, the warranty repair or service will be made at no cost to you. However, if Cycle Caddy determines that the product is not covered by the Limited Warranty or the Limited Warranty has been voided, Cycle Caddy will notify you of such determination and allow you to decide whether to have Cycle Caddy perform non-warranty repair or service at our standard repair rate.
NON-WARRANTY REPAIRS AND SERVICE:
Any mechanical device may occasionally require adjustment or repair. There is an hourly charge for non-warranty repairs and service, and a charge for replacement parts. Customers will be notified of the estimated charge prior to the commencement of any non-warranty repairs and service. Payment for non-warranty repairs and service is due in full prior to commencement of the non-warranty repairs and service. Products requiring non-warranty repair or service shall be sent to Cycle Caddy insured and freight and return freight prepaid by you.
SHIPPING AND HANDLING:
When sending your product to Cycle Caddy, you must follow these instructions:
- Remove all accessories from the product to prevent loss or damage.
- Pack your product carefully. Use ample cushioning material and a sturdy outer cardboard box. Do not ship in a special container which you want returned.
- Enclose a letter with a full description of the problem. If the product is being sent for warranty repair or authorization, you must include the return authorization number provided by Cycle Caddy.
- Clearly mark your return address on the outside of the box and on your instruction sheet.
- Ship your product prepaid via insured U.S. mail, UPS or Federal Express.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, CYCLE CADDY HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS PURCHASED FROM CYCLE CADDY OR THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Cycle Caddy has no control over the use of your product, and shall not be responsible for injury, death or damage to property resulting from either intentional or accidental use of the product. Cycle Caddy shall not be responsible for product malfunction or for physical injury, death or property damage resulting from use of the product for purposes or subjection to treatment for which it was not designed; criminal or negligent use; careless or improper handling; unauthorized adjustments or parts replacement; unauthorized alterations, customizations or modifications; corrosion; or failure to care or maintain; neglect.
Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
LIMITATIONS OF LIABILITY
THE LIABILITY OF CYCLE CADDY, IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO OUR WEB SITE AND ANY PRODUCT PURCHASED FROM OUR WEB SITE, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, INFRINGEMENT OF ANY RIGHTS OF ANY PERSON, PRODUCT LIABILITY, INDEMNITY, SUBROGATION OR CONTRIBUTION, AND REGARDLESS OF THE LEGAL THEORY OR THE DELIVERY OR NON-DELIVERY OF THE PRODUCTS, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCE WILL CYCLE CADDY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOOD WILL, COST OF SUBSTITUTE PRODUCTS, PARTS OR ACCESSORIES, COST OF CAPITAL, AND/OR THE CLAIMS OF ANY PERSON, OR FOR ANY OTHER REASON WHATSOEVER. CYCLE CADDY ASSUMES NO RISK AND SHALL BE SUBJECT TO NO LIABILITY FOR DAMAGES OR LOSS RESULTING FROM OUR WEBSITE OR PRODUCTS PURCHASED THROUGH OUR WEBSITE.
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS OF SALE OR PURCHASE OF A PRODUCT THROUGH THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless Cycle Caddy and its officers, directors, shareholders, employees, affiliates, independent contractors, agents and representatives from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising, directly or indirectly, out of or attributable to (i) any breach or violation by you of these Terms; (ii) your failure to provide accurate, complete and/or current information when using this Website or otherwise submitting information to Cycle Caddy through this Website; (iii) your use or misuse of this Website; and (iv) any agreement between you and any third party.
DISPUTE RESOLUTION
Customer Service Department:
Most concerns involving this Website can be resolved quickly and efficiently through our customer service department. If you are unable to resolve your concern within 10 business days of contacting our customer service department, then either party may file a claim pursuant to these Terms to resolve the dispute.
Governing Law, Venue and Jurisdiction:
These Terms of Sale and the purchase of any products from our Website are governed by and shall be construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any legal proceeding arising out of or relating to these Terms of Sale or purchase of any products from our Website, you hereby consent to the exclusive (i) venue of Hillsborough County, Florida, and expressly waive any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Hillsborough County, Florida.
Governing Language:
The governing language for these Terms and any interpretation of these terms is English, and any copy of these Terms in any other language is merely for convenience and will not govern the interpretation of these Terms.
Prevailing Party Attorneys’ Fees:
The prevailing party in any legal proceeding arising out of or relating to these Terms of Sale and/or purchase of any products from our Website will be entitled to an award of their attorney’s fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such action or legal proceeding, as well as at all levels of trial and appeal.
General:
You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that Cycle Caddy may be irreparably damaged if these Terms Sale are breached by you, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms Sale by you, Cycle Caddy shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms Sale.
WAIVER OF JURY TRIAL:
YOU AND CYCLE CADDY HEREBY (I) IRREVOCABLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SALE AND/OR PURCHASE OF ANY PRODUCTS FROM OUR WEBSITE; (B) YOU CERTIFY THAT NEITHER CYCLE CADDY NOR ANY REPRESENTATIVE OR AGENT OR COUNSEL FOR CYCLE CADDY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT CYCLE CADDY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (C) YOU ACKNOWLEDGE THAT CYCLE CADDY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, IN PART, AS A RESULT OF THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.
JURISDICTIONAL RESTRICTIONS
Although this Website is accessible worldwide, this Website is neither designed nor intended for use outside the United States. Those who choose to access this Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of this Website to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws, rules and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.
TERM AND SURVIVAL
Your agreement to be bound by these Terms of Sale commences with your using this Website or otherwise submitting information to Cycle Caddy through this Website, and your agreement to be so bound will continue until your right to use this Website is either canceled or terminated, subject to the survival of the terms and conditions of these Terms of Sale that by their nature are intended to survive the cancellation or termination of your right to use this Website. If, following the cancellation or termination of your right to use this Website, you use this Website or otherwise submit information through this Website, then you again, automatically and immediately, are bound by these Terms of Sale.
CHANGES TO OUR TERMS OF SALE
At our sole discretion and at any time, we may amend, change or otherwise modify these Terms of Sale. You should review these Terms of Sale for amendments each time you use this Website. For your convenience, we post on this Website the last date these Terms of Sale were updated. Amended, changed or otherwise modified Terms of Sale will take effect immediately for all users of this Website. Your continued use of this Website following an amendment will evidence your acceptance of the amended Terms of Sale. No amendment, change or other modification to these Terms of Sale will be effective unless such is in writing and signed by an authorized representative of Cycle Caddy.
GENERAL
All covenants, agreements, disclaimers, limitations, representations and warranties made in these Terms Sale, as may be amended by Cycle Caddy from time to time, will survive your acceptance of these Terms Sale and the termination of your use of our Website. These Terms of Sale and our Privacy Policy (which is hereby incorporated into and made a part of these Terms of Sale by reference) represent the entire understanding and agreement between you and Cycle Caddy regarding the subject matter of these Terms of Sale and any purchases of products from our Website, and supersede all prior and contemporaneous agreements, understandings and/or representations regarding the same. These Terms of Sale and our Privacy Policy may only be amended, changed or otherwise modified in writing by Cycle Caddy. Although Cycle Caddy may choose to communicate with you by other means, Cycle Caddy may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. By purchasing a product from Cycle Caddy or through our Website, you consent to receive communications from Cycle Caddy electronically. You agree that all agreements, notices, disclosures and other communications that Cycle Caddy sends to you electronically satisfy any legal requirement that such communications be in writing. No waiver of any portion of these Terms of Sale will be effective unless it is in writing and signed by an authorized representative of Cycle Caddy. The failure of Cycle Caddy to require performance of any obligation of these Terms of Sale will not affect Cycle Caddy’s right to enforce any provision of these Terms Sale at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms of Sale, this document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the document that is unlawful, void or unenforceable will be stricken. Your obligations under these Terms of Sale are not assignable, transferable or sub-licensable by you.
ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please contact us at:
Cycle Caddy 360
CycleCaddy360team@gmail.com
