Waver of Liability
If you purchase any items from Sciacallo Bikes, you agree to the following waver of liability and terms and conditions. Please Read Carefully.
I, being above the age of 18 years of age or the parent of a child under the age of 18 years of age, agree to all terms as follows:
I acknowledge and understand that riding a Bicycle (or using any bicycle accessories - from now referred to as BICYCLE(s)) is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding these BICYCLES.
I am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of BICYCLES as well as those inherent risks, hazards and dangers of personal injury, death and disability. I am aware that the usual risks, hazards and dangers of personal injury and disability increase with inexperience.
I hereby agree to release and forever discharge Sciacallo Bikes or it's Parent Company, and their agents, licensees, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacturer from any and all claims, actions, damages, liability, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to my participation or use of the BICYCLE, use of equipment or property supplied by Sciacallo Bikes or it's parent company or my presence upon the premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, the manufacturer or the distributor. By this AGREEMENT, it is my intention to surrender and waive any rights to sue or exercise any legal right to seek damages from Sciacallo Bikes or it's Parent Company and their agents, licensees, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf.
I hereby certify that I am over the age of 18 years of age. I have carefully read the foregoing and acknowledge that I understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this AGREEMENT and the affect of the same. I am aware that by purchasing any item and sending/remitting payment for it/them, I assume all risk and waive and release certain substantial rights that I may have or possess. I therefore release all liability and waive all rights I may have in regards to my child's activities with the above item(s).
This AGREEMENT shall be affecting and binding upon my heirs, agents, personal representatives and assigns.
Legal Status of Products
I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand it's terms, understand that I am giving up substantial rights by agreeing to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee being made to me. My purchase is to be considered as a complete and unconditional release of all liability to the greatest extent allowed by law.
General Terms and Conditions
- SciacalloBikes.com is a site operated by Sciacallo Bikes and is a registered business in Canada. We sell and supply bicycles and bicycle equipment, and accessories in the course of our trade and business. Sciacallo Bikes can be contacted in writing by e-mail at firstname.lastname@example.org.
- The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
- The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
- The "Price" shall mean the amount payable to Sciacallo Bikes for the Goods plus TAX (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. If you select a delivery country outside Canada, prices will be displayed TAX free.
- These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Sciacallo Bikes. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
- We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
- Once an order is placed, we'll send you an estimated arrival date so you know when to expect you awesome new bike or accessory. If you requested an item that needs a bit of customizing (like upgraded parts, or longer crank arms, etc), we will do everything in our power to get those requests to you ASAP and send you a new Estimated Arrival Date. Estimated arrival dates are not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time.
- About Estimated Arrival Date
Estimated arrival dates don't apply to:
Deliveries to Alaska, Hawaii, PO boxes and rural areas
Deliveries made to U.S. territories, APO, FPO and international addresses
Items that are out of stock at the time of ordering
All items require a signature for delivery.
For shipping-related questions, please contact us directly at 1-604-219-4241.
Packages Do Not Ship from Our Distribution Center on the Following Holidays:
- New Year's Day
- Family Day
- Good Friday
- Easter Monday
- Canada Day
- 4th of July
- Martin Luther King Jr. Day
- Labor Day
- President's Day
- Thanksgiving and the day after Thanksgiving both in the US and Canada
- Memorial Day
- Boxing Day
- Consumer Rights
100% SATISFACTION GUARANTEE
We stand behind everything we sell. If for any reason you are not satisfied with your purchase, simply return the item within 10 days and we'll replace it or give you a refund. Any item returned is subject to a 20% handling/restocking fee. Shipping expenses cannot be reimbursed. This includes any Partial Payment Plan payments.
If there’s a problem with something you purchased from us, give us a call so we can determine the cause of your dissatisfaction. We will do everything in our power to make things right for you.
Ship returns via Ground UPS or insured US Mail (we do not accept CODs). We will refund shipping costs on damaged or incorrect merchandise. Merchandise returned that appears used will be subject to the restocking fee listed above.
All returns must have an RMA, return authorization number, clearly marked on the outside of the package or the item will be refused. A return authorization number can be obtained by phone at 604-219-4241.
** Please Note: Any Limited Edition items (KISS Bike, KISS Frame-Set, KISS Wheel-Set, Parts), like the Sciacallo Bacio, are NON-REFUNDABLE. These are Limited Edition items, custom made to your size, and are one-of-a-kind. The Sciacallo Bacio is NON-REFUNDABLE.
- If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.
- Once you have notified us that you are cancelling your contract, any sum debited to Sciacallo Bikes (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
- Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.
- You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- For all complaints please contact the Sciacallo Bikes head office using the contact details found on our contact us page
Cancellation by Sciacallo Bikes
- We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the Goods you have ordered
- The delivery service provider does not deliver to your area
- One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
- We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
- All guarantees in respect of Goods are provided entirely by the manufacturers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
- Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
- We will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates. Some countries will benefit from free delivery on selected orders. Please refer to the 'International Delivery' section of our website for details of the delivery options available.
- Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
- You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
- All orders are shipped from Canada and, therefore, deliveries made to countries outside Canada may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.
- If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem within ten working days of the delivery of the Goods in question.
- If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
- If you notify a problem to us under clause 23, our only obligation will be, at our option:
- to replace or repair any Goods that are damaged or defective; or
- to refund to you the amount paid by you for the Goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 24 above.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
INSTALLATION AND USE OF GOODS
- Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
- You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
- Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
- Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.
- Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
- Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
EVENTS BEYOND OUR CONTROL
- We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
- Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
- These terms and conditions shall be governed by and interpreted in accordance with Canadian Law and industry custom and practice, and the Canadian courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
- All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
- The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Sciacallo Bikes.
- Acceptance of your order and the completion of contract between you and us will take place on dispatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
- Please note the Price you pay for Goods supplied by Sciacallo Bikes, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.
- All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access www.SciacalloBikes.com, or m.SciacalloBikes.com and (hereinafter separately and collectively referred to as the “Websites”). This acceptable use policy applies to all users of, and visitors to, our websites.
Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.
The Websites may only be used by you for lawful purposes and may not, in any way or event, be used:
- In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).
When contributing to the Websites through an interactive service you must ensure that your contributions must.
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions);
- Comply with all applicable law in Canada and in any country from which they are posted.
Contributions by you to the Websites must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful, or inflammatory;
- Contain any sexually explicit material;
- Contain, condone or promote violence;
- Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trademark of any other person;
- Be likely to deceive or defraud any person;
- Be unlawful (locally, nationally or internationally) in any way, or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Contain, condone or promote any illegal activity;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us or any of our partners, if this is not the case.
Any material you upload to the Websites will be considered non-confidential and non-proprietary, and in uploading such material you allow us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
Linking to our site
You may add a link to the home page of our Websites to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.
The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice. If you wish to make any use of material on our site other than that set out above, please address your request to connect@SciacalloBikes.com.
Links from our site
Links on the Websites to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Websites, and may result in our taking all or any of the following actions:
- Issue of a warning to you;
- Immediate, temporary or permanent withdrawal of your right to use the Websites;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.