Welcome to the bicyclenightmares.com website (hereafter referred to as the “Site”), operated by Bicycle Nightmares.
The following terms govern your use or purchase of products from the Site. Be advised that your use of the Site constitutes your Agreement to follow and be bound by all of the following terms and conditions (the “Agreement”).
We may, from time to time, change the terms that govern your use of the Site. We may change, move or delete portions of, or may add to, the Site for any reason, with or without notice. Following any such change, your use of the Site constitutes your Agreement to follow and be bound by the terms as changed.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, videos, texts, and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress, and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Bicycle Nightmares.
The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Bicycle Nightmares.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of products from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Bicycle Nightmares, therefore, reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time with or without prior notice.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Bicycle Nightmares on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the sole property of Bicycle Nightmares.
Such disclosure, submission, or offer of any Comments shall constitute an assignment to Bicycle Nightmares of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Bicycle Nightmares shall own all such rights, titles, and interests exclusively and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Without limiting the preceding, Bicycle Nightmares is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.
You agree, represent, and warrant that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
BICYCLE NIGHTMARES’ COMMUNICATIONS TO YOU
Although availability may be indicated on the Site, we cannot guarantee the product availability, and products, nonetheless, may not be available for immediate delivery. Without liability or prior notice, we reserve the right to revise, discontinue, or cease to make available any or all products or to cancel any order.
If there is any revision, discontinuance, or cessation, we may, at our discretion, ship products that have substantially similar functionality and specifications to the products ordered or cancel your order.
We have made efforts to display accurately the colors of products that appear at the Site.
However, as the actual colors you see will depend on your monitor or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent that the Site contains links to outside services and resources, the availability and content of which Bicycle Nightmares does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER BICYCLE NIGHTMARES NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless Bicycle Nightmares or any of its affiliates, owners, directors, employees, or agents from and against any claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.
LEGISLATION & JURISDICTION
This Agreement shall be construed in accordance with the laws of Spain, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively to the Courts and Tribunals of Barcelona.
This Agreement is effective unless and until terminated by Bicycle Nightmares. Bicycle Nightmares may terminate this Agreement at any time. It may do so immediately without notice and accordingly deny you access to the Site, if in Bicycle Nightmares’ sole discretion you fail to comply with any term or provision of this Agreement, or if Bicycle Nightmares for any reason otherwise so decides to terminate.
Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Bicycle Nightmares takes fraud prevention very seriously and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided.
Customers are encouraged to provide accurate contact information, and customer service representatives will make any correspondence attempts to the contact information provided. This may cause delays in processing. Customers submitting orders with varying information may be subject to such delays in processing.
First-time orders from new customers at above-average euro amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit cardholder.