| Payment Options
Purchases from Diablo Cycle must be made using a credit card or PAYPAL. We accept Visa and MasterCard. Safety
Entering your credit card information at Diablo Cycle online is safe. We have taken the necessary steps to ensure your payment information is processed with accuracy and confidentiality. Store Name Your purchases will appear as "Reproduction Decals," on your credit card statement. Money Orders
If you prefer to use Money Orders to pay for parts, they must be in US Dollars. Please use the shopping cart to select the items you wish to purchase, then click on 'Checkout' to get the final list and PRINT the item list to include with your payment. Continue checkout and enter the shipping address information to obtain the shipping cost. Please add this shipping cost to the item total when sending payment. Use the address above for mail order payments. COD (Cash on Delivery)
We do NOT accept COD payments. Sales Taxes
For all Diablo Cycle purchases, sales tax will be charged where Diablo Cycle is required by law to charge tax. We will charge the applicable Provincial sales tax . Orders processed for all other countries do not require Diablo Cycle to charge sales tax at this time. Returns for Online Purchases Returns
We want every customer to be happy with their purchase. We will accept back any items still in original packaging AND in an unused condition within 60 days of the date of purchase. There are no restocking fees on returned routine stock items within the 60 days although you must pay the return shipping expense. We will refund the price paid for the parts (not including shipping fees) and any associated sales tax amounts. Please ensure any returned items have a copy of the original invoice and a short note explaining the return. Individual item packs must be in good, presentable condition. This means no post office labels, postage, etc.
PLEASE CONTACT US PRIOR TO SENDING ANY ITEM(S) BACK TO US Exceptions:
1) Electical/Electronic items- due to the nature of these items, we cannot accept returns of ignitions, regulator/rectifiers or other electronic items. We do offer replacement for any defective items. See our Exchange policy below for details.
2) Special order items- returned special order items may incur a 10%-20% restocking fee, or may not be returnable. PLEASE check with us before returning special order items. Exchanges
We offer exchanges for defective items and apparel items that are not of the correct size.
Our exchange process requires you to return the defective product for an exchange with a non-defective product. We also accept exchanges for apparel items of a different size if the item has not been worn or laundered.
PLEASE CONTACT US PRIOR TO SENDING ANY ITEM(S) BACK TO US.
To return an item for exchange, please email us at sales@reproductiondecals.com.Our Customer Service representative may ask you for your order number and date of purchase. Include the order number with any return for exchange item or refund, and mail to:
Diablo Cycle
100 Bessemer Road, Unit 4
London, Ontario
N6E 1R2
Canada We will accept exchanges within 60 days of the date of purchase., please contact us before sending anything back.
Diablo Cycle will accept exchanges, but any shipping charges will be the responsibility of the customer. Please allow 7-10 business days for the exchanged product to be sent to you. Shipping Methods and Options
We ship orders within North America by Canada Post or FedEx. Shipping rates are determined by size and weight of items, packaging costs, and shipment address: Please select Canada Post Xpresspost mail or FedEx 3 or 5 day service if you require delivery within 3-5 days. Please note: Shipping costs are more than postage costs- these costs include packaging materials, insurance and other related expenses. Multiple Shipping Addresses
You may ship items to separate mailing addresses ONLY by placing separate orders for each destination. Shipping to a P.O. Box
Because of FedEx limitations, Diablo Cycle cannot ship items via FedEx to a Post Office box. FedEx requires a street address for all deliveries. Please be sure to enter a complete shipping address for all online orders where the item description states shipment by FedEx, or where you require delivery by FedEx. We will automatically switch orders going to a PO Box over to Canada Post Mail if a FedEx shipping option is selected. International Orders
Please select International Shipping option. If the Canada Post web site is unavailable while Diablo Cycle calculates shipping costs, a default shipping cost will be entered based on product value. Please note we may need to adjust shipping costs in this situation. Terms of Purchase
The terms and conditions set forth in these terms of purchase (this ("Agreement") constitute the entire agreement between Diablo Cycle and you (the "Buyer") concerning product purchase through the Website, phone or email. Capitalize terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.
1. Offer and Acceptance
By ordering a product on the Website, by phone or by email, Buyer shall be deemed to have made an offer to buy the specified product from Diablo Cycle pursuant to this Agreement. The acceptance and fulfillment by Diablo Cycle of any order placed with Diablo Cycle is subject to Buyer's acceptance of all of the terms of this Agreement.
2. Prices, Availability and Taxes
Prices of product sold by Diablo Cycle are subject to change at any time without notice. Product availability is subject to change at any time and Diablo Cycle makes no representations of warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.
3. Payment
When ordering products on the Website, phone or email, Buyer may use VISA, MASTERCARD, or PAYPAL. Diablo Cycle will not accept checks or COD payments. If Buyer fails to pay for any products received, Diablo Cycle shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Diablo Cycle, including, but not limited to, attorney fees, costs and interest. Special order parts orders will be billed when the order is placed.
4. Shipping, Title and Risk of Loss
Diablo Cycle will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. Diablo Cycle shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Diablo Cycle (or its agent's) delivery to the carrier at the shipping point.
5. Returns, Changes and Cancellation
See our "Returns Policy".
6. Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Diablo Cycle.
7. Buyer's Representations
Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Diablo Cycle in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer.
8. Indemnification
Buyer shall defend, indemnify and hold Diablo Cycle and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer (or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Diablo Cycle. Diablo Cycle may participate in the defense of any such claim for the further protection of its own interests.
9. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Diablo Cycle written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Diablo Cycle related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
10. Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including Diablo Cycle disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Diablo Cycle BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO Diablo Cycle OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
11. Force Majeure
Without limiting the scope of any other terms and conditions herein, Diablo Cycle shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Diablo Cycle may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Diablo Cycle be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Diablo Cycle. Diablo Cycle, shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Diablo Cycle from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
12. General
a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Diablo Cycle in the event of Buyer's breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to Diablo Cycle, 100 Bessemer Road, Unit 4, London, Ontario, N6E 1R2, Canada
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein. Copyright
Please read this Copyright Notice carefully before using this site. By using this site, you signify your consent to the terms of this Copyright Notice. If you do not agree to the Terms, please exit the site.
Terms
1. You should assume that everything you see, read or hear on this site is protected by copyright, design right and/or other intellectual property rights unless otherwise stated and may only be used in accordance with these Terms. Diablo Cycle does not warrant or represent that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Diablo Cycle. Images, illustrations, graphics, text, etc, are either the property of Diablo Cycle or third parties who have licensed their rights to Diablo Cycle. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws and/or other regulations and statutes.
2. The trademarks, logos and designs displayed on the site, are the property of Diablo Cycle or third parties who have licensed their rights to Diablo Cycle. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Diablo Cycle or such third party that may own the trademarks displayed on the site.
3. You may download, print and store selected portions of the content of the site provided that you (i) only use these copies for your own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in the media, and (iii) do not modify or alter the content in any way. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Diablo Cycle reserves complete title and full intellectual property rights in any content you download from this site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining written permission from Diablo Cycle in advance.
4. Diablo Cycle has not reviewed all of the sites linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
5. This site may contain links to other Web sites operated by third parties other than Diablo Cycle. Such links are provided for your convenience only. Diablo Cycle does not control such Web sites and is not responsible for their content. The fact that this site contains links to other sites does not mean that Diablo Cycle approves of, endorses or recommends those sites, nor does it imply any association with their operators. Diablo Cycle disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any Diablo Cycle on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this site.
6. Diablo Cycle may at any time revise these Terms by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the current Terms to which you are bound.
7. These Terms shall be governed by and construed under the laws of the province of Ontario, Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts. |
