Specialized Shanghai Co., LTD
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.THESE TERMS AND CONDITIONS ARE SUBJECT TO ARBITRATION.
Acceptance of These Terms. You (“Customer”) may place orders for Products with Specialized Bicycle Components, Inc. (“Specialized,” “we,” “our”) via our website (www.specialized.com.cn) or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by Specialized to Customer. By placing an order for our Products, you consent to these Terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. Unless expressly agreed to in writing by Specialized, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever. Specialized’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.
Orders. All orders are subject to Specialized’s acceptance. This means that Specialized may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you choose to purchase a product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Specialized). You agree to pay all fees and other charges incurred in connection with your username and password for your Specialized account. If your credit card has already been charged for an order that is later cancelled, Specialized will issue you a refund.
Price. All prices are subject to change and exclude tax and shipping.
Payment. All orders must be paid in full prior to shipment. Specialized accepts American Express, Discover, MasterCard, Visa, and Specialized gift cards. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.
Delivery and Risk of Loss. For domestic shipments, Specialized shall ship Products F.O.B. Specialized’s facility. Additional terms may apply for international orders. Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Although Specialized is authorized to make shipping arrangements on Customer’s behalf and except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. For international shipments, Customer shall be responsible for obtaining and maintaining, at its cost, all legally required approvals, licenses, permits, registrations, certifications and other documents relating to the importation of the Products, and Customer shall be responsible for all costs and expenses relating to the Products’ transit across another country’s border. Notwithstanding anything in these Terms to the contrary, any timeframe provided by Specialized is a good faith estimate of the expected delivery date. Specialized will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall Specialized be liable for any damages associated with Specialized’s inability to meet any such timeframes or deadlines.
Returns. Except as otherwise provided herein, Customer may not cancel an accepted order without Specialized’s prior written consent, which it may withhold in its sole discretion. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax. Customer shall arrange for and pay return shipping expenses. The Product(s) must be returned to Specialized within thirty days of purchase to:
No.619 Chuan Nanfeng Road,
Pudong District, Shanghai
(+86) 021-5890 8132
Limited Warranty. Subject to the following limitations, terms, and conditions, Specialized warrants to the original purchaser of each Product, except helmets, that such Products when purchased new, are free of defects in materials and workmanship. This limited warranty may be exercised for a period of up to one year from the date of purchase. This limited warranty does not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse. Consult your helmet owner's manual for your helmet warranty.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, SPECIALIZED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIALIZED'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO, AT SPECIALZED'S SOLE DISCRETION, REIMBURSEMENT OF THE ORIGINAL PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT WITH THE SAME OR SIMILAR PRODUCT. NOTWITHSTANDING Anything in THESE TERMS to the contrary, SPECIALIZED SHALL NOT be responsible or held liable for punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product or business interruption however the same may be caused, including fault or negligence of SPECIALIZED.
In order to exercise rights under this limited warranty, Customer must return the affected Product to Specialized with proof of purchase (original invoice or credit card statement) to:
No.619 Chuan Nanfeng Road,
Pudong District, Shanghai
(+86) 021-5890 8132
Applicable Law/Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that he or she is buying the Product(s) for his or her own use and not for resale. Customer agrees that these Terms were entered into in the State of California, and that any dispute arising hereunder shall be decided in accordance with its laws.
Reservation. Specialized reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
Dispute Resolution. Customer and Specialized agree to waive their right to trial by jury, and to have all disputes resolved by binding arbitration before a retired Superior Court Judge in Santa Clara County, California. Customer and Specialized agree that any decision of the arbitrator shall be final, and in accordance with California law. Further, it is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Customer stipulates to in personam jurisdiction in California, and agrees to accept service of process by registered or certified mail.
Entire Agreement. These Terms constitute the entire and only agreement between Specialized and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.
Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.