Terms & Conditions
Introduction
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using www.bicycleroots.com ("the Site") operated by Welcome to Brooklyn LLC dba Bicycle Roots ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.bicycleroots.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
Intellectual Property
The Site and its original content, features and functionality are owned by Welcome to Brooklyn LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Limited License
Unless otherwise stated, Welcome to Brooklyn LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from this website, including republication on another website
- Sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- Edit or otherwise modify any material on the website; or
- Redistribute material from this website, except for content specifically and expressly made available for redistribution.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this website without the express written consent of Welcome to Brooklyn LLC.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of Welcome to Brooklyn LLC.
User Content
In these terms and conditions, “your user content” means material, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this website, for whatever purpose.
You grant to Welcome to Brooklyn LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Welcome to Brooklyn LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Welcome to Brooklyn LLC or a third party, in each case under any applicable law.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Welcome to Brooklyn LLC reserves the right to edit or remove any material submitted to this website, or stored on Welcome to Brooklyn LLC's servers, or hosted or published upon this website.
Notwithstanding Welcome to Brooklyn LLC's rights under these terms and conditions in relation to user content, Welcome to Brooklyn LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Terms of Sale
By placing an order on the Site you are offering to purchase a product on and subject to the following Terms of Sale. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with the Site you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Site retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Residents of the State of New York (NY) will be charged Sales Tax in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Restricted Access
Access to certain areas of this website is restricted. Welcome to Brooklyn LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Welcome to Brooklyn LLC's discretion.
If Welcome to Brooklyn LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Welcome to Brooklyn LLC may disable your user ID and password in Welcome to Brooklyn LLC's sole discretion without notice or explanation.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitations of Liability
Welcome to Brooklyn LLC will not be liable to you, whether under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Welcome to Brooklyn LLC has been expressly advised of the potential loss.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Welcome to Brooklyn LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Welcome to Brooklyn LLC does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Other Parties
You accept that, as a limited liability entity, Welcome to Brooklyn LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Welcome to Brooklyn LLC's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Welcome to Brooklyn LLC's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Welcome to Brooklyn LLC.
Indemnity
You hereby indemnify Welcome to Brooklyn LLC and undertake to keep Welcome to Brooklyn LLC indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by Welcome to Brooklyn LLC to a third party in settlement of a claim or dispute on the advice of Welcome to Brooklyn LLC's legal advisers, incurred or suffered by Welcome to Brooklyn LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Welcome to Brooklyn LLC's other rights under these terms and conditions, if you breach these terms and conditions in any way, Welcome to Brooklyn LLC may take such action as Welcome to Brooklyn LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Assignment
Welcome to Brooklyn LLC may transfer, sub-contract or otherwise deal with Welcome to Brooklyn LLC's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions constitute the entire agreement between you and Welcome to Brooklyn LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Governing Law
This Agreement shall be governed and construed in accordance with the laws of New York (NY), United States, without giving effect to any principles of conflicts of law.
Changes to the Terms and Conditions
Bicycle Roots has the discretion to update these Terms and Conditions at any time. When we do, we will revise the "Last Update" date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about the Terms and Conditions governing use of this Site. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and become aware of modifications.
Your Acceptance of these Terms
By using this Site, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our Site. Your continued use of the Site following the posting of changes to these Terms and Conditions will be deemed your acceptance of those changes.
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
Contacting us
If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this site, please contact us at:
Welcome to Brooklyn LLC
dba Bicycle Roots
http://www.bicycleroots.com
Bicycle Roots
663 Franklin Ave
Brooklyn NY 11238
(718) 668-5224
info@bicycleroots.com
Last Update: January 10, 2014
