Terms of service

OVERVIEW

The website www.thecyclisthouse.com is published by The Cyclist House SAS, with a share capital of 1,000 euros, registered with the Strasbourg Trade and Companies Registry under number 914 075 973 since June 1, 2022, and whose registered office is located at 204 avenue de Colmar, 67000 Strasbourg.

Throughout the site, we use the terms "we", "us" and "our" in reference to The Cyclist House. This website, including all information, tools and services made available through it, is provided by The Cyclist House to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including any terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the website or use its services.

Any new tools or features added to this store are also subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.

Our store is hosted on Shopify Inc. which provides us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - TERMS OF USE OF THE ONLINE STORE

1.1 By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province or state and have given us permission to allow any minor in your care to use this site.

1.2 You must not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws). You may not transmit any worms, viruses or other code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

2.1 We reserve the right to refuse service at any time and for any reason. You understand that your content (including credit card information) may be transferred unencrypted and involves (a) transmissions over different networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

2.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

2.3 The headings used in this Agreement are for convenience only and shall not limit or affect these Terms.

2.4 If a purchase is made from our website, the terms and conditions of sale of The Cyclist House will apply. These are in addition to/complementary to these Terms and the Privacy Policy.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information, which falls under your duty to inform as a purchaser. If you rely on the content of this site, you do so at your own risk. The Cyclist House recommends that you consult the information provided by the manufacturer of the product mentioned on the site.

3.2 Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, lead times and availability.

3.3 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time if the product is not yet sold or within 14 days of an order being placed based on inaccurate information. No specific update or refresh date applied to the Service or any related website shall be defined to indicate that all information offered in the Service or on any related website has been modified or updated.

3.4 You must interpret and use the information provided on the Site as a reasonable person would and you may not rely on any information that is reasonably clear to be inaccurate.

SECTION 4 - CHANGES IN SERVICE AND PRICES

4.1 The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

4.2 We shall not be liable to you or to any third party for any change in prices, or for any modification, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

5.1 Certain products or services may only be available online through the website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Return Policy.

5.2 We have endeavored to present as accurately as possible the colors and images of the products featured on the store. However, we cannot guarantee the accuracy with which colors will appear on your computer screen.

5.3 We reserve the right, but are not obliged, to restrict the sale of our products or Services to any particular person, geographic region or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer.

5.4 All offers or promotions will be valid for the period indicated by The Cyclist House. If no deadline is mentioned, offers or promotions made by The Cyclist House will be valid for as long as the products are available or for the duration of the promotion. Discounts or promotions cannot be cumulated. All notices, offers and communications by The Cyclist House will be non-binding and based on information received by the customer. In the event of price changes on the market, The Cyclist House retains the right to adjust prices accordingly.

5.5 All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

5.6 We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed.

5.7 We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary. For more information, please see our Returns Policy.

SECTION 7 - OPTIONAL TOOLS AND/OR THIRD-PARTY LINKS

7.1 We may provide you with access to third-party tools that we do not monitor, control or manage.

7.2 You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without warranty, representation or condition of any kind and without endorsement.

7.3 Any use by you of the optional tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third-party supplier(s) and to accept such terms and conditions.

7.4 We shall not be liable in any way whatsoever for anything arising out of or in connection with your use of optional third-party tools.

7.5 Certain content, products and services accessible via our Service may include materials from third parties. Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services of third-party sources. We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to those third parties.

SECTION 8 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

8.1 If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media whatsoever any Feedback you send to us. We are not and shall not be under any obligation (1) to maintain the confidentiality of any Comments; (2) to compensate any person for any Comments provided; or (3) to respond to any Comments.

8.2 We may, but are not obligated to, remove content and Accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use. You agree that your comments must not in any way infringe the rights of third parties, including copyrights, trademarks, privacy, personality or any other personal or intellectual property rights. You further agree that your Comments shall not contain any unlawful, abusive or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of comments. You are entirely responsible for any comments you make and for their accuracy. We will not be liable for any comments posted by you or any third party.

SECTION 9 - PERSONAL INFORMATION

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 10 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating the Prohibited Terms of Use.

SECTION 11 - LIMITATION OF LIABILITY

11.1 We do not warrant, represent or represent that your use of our Service will be uninterrupted, secure, timely or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Any technical problems that may occur shall in no way invoke the liability of The Cyclist House. The Cyclist House shall not be held liable for any direct or indirect damage resulting from the use of the website.

11.2 The obligation of indemnification by The Cyclist House shall in any event be limited to the damage for which The Cyclist House is insured. The indemnity will therefore never be higher than the amount to be paid by the insurer.

11.3 In the event of The Cyclist Houseis liable for any damage suffered by a user of the site which is not compensated by the insurance, despite what is agreed in these conditions, the liability of The Cyclist House shall in all cases be limited to the amount of the price paid by the site user to The Cyclist House to the exclusion of any other damages permitted by law.

SECTION 12 - DELIVERY AND RIGHT OF WITHDRAWAL

Delivery times are given for information purposes only and are not binding. The Cyclist House. Delivery will nevertheless be made within 30 days, except in cases of force majeure or exceptional circumstances. Only if the delivery is later than 30 days after the order, without justification, the buyer may cancel the order. The buyer's right to compensation in the event of late delivery is limited to the right to cancel the contract free of charge and to obtain reimbursement of the amount paid.

SECTION 13 - COMPENSATION

You agree to indemnify, defend and hold harmless The Cyclist House and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referenced herein, or your violation of any law or right of a third party.

SECTION 14 - INTELLECTUAL PROPERTY RIGHTS

The content of this website, trademarks, logos, figures, data, texts and photos are protected by intellectual property rights and belong to The Cyclist House.

SECTION 15 - APPLICABLE LAW

15.1 The present conditions of use are governed by French law. Any dispute relating to the formation, performance, interpretation of contracts, agreements and services between parties as well as these conditions and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of Paris.

15.2 Any kind of legal action or claim by the user against The Cyclist House must be brought within one year of a timely complaint, under penalty of forfeiture.

SECTION 16 - MODIFICATIONS TO TERMS OF USE

16.1 You may consult the most recent version of the Terms of Use at any time on this page.

16.2 We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

SECTION 17 - MISCELLANEOUS

17.1 The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision. If necessary, the invalid or inapplicable clause will be replaced and/or adapted by mutual agreement by a valid clause which is the closest from an economic point of view and taking into account the intentions of the parties at the time the contract was concluded.

17.2 These Terms of Use or any other operating policies or rules published by us on this site or relating to the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of the Terms of Use). Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.

17.3 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, unless such waiver has been confirmed in writing.

17.4 These Terms of Use will remain in effect unless and until terminated by you or us. The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.

SECTION 18 - CONTACT INFORMATION

Questions regarding the Terms of Use should be sent to us at contact@thecyclisthouse.com.