SCOTT USA INC. TERMS AND CONDITIONS OF SALE
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Thank you for shopping with us! We really appreciate your business and your interest in our products. We want to make sure you have a good experience purchasing from our webstore, whether it’s scott-sports.com, or any other of our websites.
As with any shopping experience, there are certain terms and conditions that apply. By placing an order and purchasing product from our website(s), you agree to the terms below along with other terms on our website(s), such as return and warranty policies, our privacy policy, and terms of use. Please make sure to review everything fully and carefully so you are informed about your rights and obligations.
1. Acceptance of These Terms
You (“Customer”) may place orders for Products with Scott USA Inc. (“SCOTT”, “we”, “our”) via one of our websites (e.g., www.scott-sports.com, or, in certain circumstances, over the phone. “Product(s)” collectively means any items being sold by SCOTT to you in the United States. All sales of Products within the United States are made by Scott USA Inc. By placing an order, you consent to these Terms and Conditions of Sale (“Terms”) and acknowledge that we will furnish the Products subject to these Terms. Unless expressly agreed to or set forth in writing by SCOTT, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms doesn’t apply and is of no effect whatsoever. We reserve the right to change these Terms at any time.
2. Orders
All orders are subject to SCOTT’s acceptance. This means SCOTT may for any or no reason refuse to accept or may cancel or limit any order, or order quantity, whether or not the order has been confirmed. Your receipt of an order confirmation does not mean we accepted your order, nor is it a confirmation of our offer to sell. We are simply confirming we received your order. If we cancel an order after you have already been charged, SCOTT will refund you the charged amount.
3. Errors
If we find an error in your order, we reserve the right to correct the error and revise your order accordingly (which may include charging the correct price) or to cancel the order and refund any amount charged.
4. Product Offering
All Product descriptions on our websites are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue a Product at any time. We have made every effort to display the colors and images of the Products as accurately as possible, but we don’t guarantee that your device’s display of any color will be accurate and a true reflection of the physical item upon receipt.
5. Price
All prices on our websites are subject to change and exclude applicable tax and shipping. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur. All prices are listed in U.S. Dollars.
6. Special Offers
From time to time, we may offer special promotions for some or all of our Products, including discounts, limited edition products, or free shipping. These offers may be for a limited time only and SCOTT reserves the right to change or discontinue such offers at any time.
7. Payment
All orders must be paid in full before shipment. We accept most major credit cards issued in the United States provided they are associated with a U.S. billing address. Other forms of payment or financing may be available as described on the product page or during the checkout process. We will verify payment information and availability of funds before shipping and we will not ship your order if we cannot verify payment information or if there are not sufficient available funds. We reserve the right to change available payment and financing options at any time without notice.
8. Shipping
Available shipping options will be displayed during the checkout process. SCOTT may change those shipping options at any time and SCOTT has sole discretion to decide what shipping options and what carrier(s) will be available for shipping the Product(s). Any timeframe provided by SCOTT for when the Product(s) may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events, some of which are beyond our control. SCOTT is not liable for late deliveries. If you no longer have use for an item due to a late delivery, please contact our Customer Service Department immediately. You can also refer to our return policy for available options.
You agree to pay any shipping and handling charges shown when you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase.
Unless we state otherwise in writing via our website, risk of loss or damage to a Product passes to you when the Product is are delivered to you by our designated shipping carrier. Following delivery, you must inspect the Product(s) for possible damage during transport and promptly notify our Customer Service Department of any damage. This inspection requirement and any breach by you of this requirement will not affect your warranty rights. Instead, the purpose of the requirement is to secure our claims against the shipping company.
Title in the Product(s) passes to you when both (i) you have paid in full for the Product(s) and (ii) the Product(s) are picked up at SCOTT’s warehouse by the designated shipping carrier.
a. Returns Except as otherwise stated by SCOTT in writing, you may not cancel an accepted order without our prior written consent, which we may withhold in our discretion. For more information on returns, please refer to our returns pages [at the bottom of our websites] or to the packaging slip provided with the Product(s).
9. Warranty
For more information regarding our warranty policy, please refer to the written warranty included with the Product and the warranty page(s) linked [here-insert hyperlink][at the bottom of our websites].
EXCEPT AS SPECIFIED IN THIS SECTION AND ON OUR WARRANTY PAGE(S), SCOTT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SCOTT USA INC. AND ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ANY LIMITATION ON WARRANTY DURATION MAY NOT APPLY. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
This disclaimer and exclusion applies even if the express warranty set forth this section and on our warranty page(s) fails of its essential purpose
10. Not for Resale
The Products we sell on our websites are for end-user customers only and not for resale. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.
11. Freight Forwarding / Reshipping Is Not Allowed
The use of a freight forwarding business is not allowed. If we see that a shipment is going to a freight forwarder we reserve the right to cancel that order with or without notice to the customer, and a full refund will be issued for cancelled orders. With being an international company, freight forwarders hurt the SCOTT brand in other countries. Also, freight forwarding is a way to hide fraud, so for fraud prevention as well as protecting the SCOTT brand in other countries, these orders will be cancelled. If we do determine that the freight forwarding order is not fraud, we will contact you to let you provide another shipping address that isn't a freight forwarding business.
12. Governing Law; Venue
These Terms are governed by the laws of the State of Idaho, without regard to that state’s conflicts of law jurisprudence. The state and federal courts of Blaine County, Idaho have jurisdiction, and Customer and SCOTT each consents to the jurisdiction and venue of those courts. Customer agrees to accept service of process by registered or certified mail.
13. Dispute Resolution
Neither you nor SCOTT may act as a class representative, nor participate as a member of a class of claimants, with respect to any disputes regarding your purchase of Products on our website(s) (each a “Claim”). Claims may not be arbitrated or litigated on a class or representative basis. The court or arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THE PARTIES WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. Customer and SCOTT agree that the language in these Terms must be interpreted as to its fair meaning and not strictly for or against any party.
14. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold SCOTT harmless from and against any claims, costs, proceedings, demands, losses, defense costs (including reasonable attorney’s fees and costs) of any kind or nature arising from the breach of the Terms by you or anyone using your account.
15. Severability
If a court of competent jurisdiction holds or determines that any provision of these Terms is invalid or unenforceable, the remaining provisions of these Terms will nevertheless remain in full effect and the invalid or unenforceable provision will 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.
16. Severability
No waiver by SCOTT of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed SCOTT. No failure to exercise, or delay by SCOTT in exercising, any right, remedy, power, or privilege (each, a “Right”) arising from these Terms operates, or may be construed, as a waiver of that Right. No single or partial exercise by SCOTT of any Right in these Terms precludes any other or further exercise of that Right or the exercise of any other Right.
17. Force Majeure
SCOTT is not liable or responsible to you, nor will it be in breach or default of these Terms, for any failure or delay in fulfilling or performing when and to the extent that failure or delay is caused by or results from acts or circumstances beyond SCOTT’s reasonable control including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
18. General Use Disclaimer
Cycling is a dangerous activity. All forms of cycling present inherent risks of injury that the rider must assume, and a bicycle cannot protect you in an accident. Always wear a helmet. Do not ride in the dark or during limited visibility without proper lights. Some countries, states or cities have specific requirements for lights and other equipment. Check before traveling with your bicycle.
You must make your own decisions about your skills and the level of risk you are willing to confront. Do not ride beyond your ability or the designated limits of your bicycle. If you are not sure of the limits or condition of your bicycle, consult a local professional who can advise, or contact SCOTT.
SCOTT is not responsible for any damages to you or others arising from riding, transporting or other use of your bicycle. If your frame breaks or malfunctions, SCOTT has no liability or obligation beyond the repair or replacement of your frame under the terms outlined in the warranty (Section 9 of these Terms).
Bicycles are not indestructible, and every SCOTT frameset has a useful product life cycle. The length of that useful product life cycle will vary depending on the construction and the materials of the frameset, maintenance and care the frameset receives, and the amount and type of use the frameset is subject to over its life. Your bicycle dealer is the best source of care and information for your bicycle. The more you ride – and the harder you ride – the more frequently you should have your bicycle professionally inspected and maintained. Read your owner’s manual for recommended service intervals and procedures.
SCOTT recommends that an professional independent bike dealer inspect the frame for stress at least annually, as well as any time the bike has been involved in a crash or subjected to significant loads, even if no damage is apparent. Crashes, overloads and repeated stresses can cause small fractures and other hidden damage that may lead to catastrophic failure. Signs of an impending frame failure may be apparent in the form of cracks, fracture lines, deformation, dents, squeaks and other indicators of abnormality, but in some cases damage cannot be seen, felt or heard. Safety checks are important to prevent accidents, injuries and failure of a SCOTT frameset.
Never ride on a bicycle that is damaged or in need of maintenance, repair or adjustment. A broken or misadjusted part can cause stress and eventual failure of that part or other parts. For example, a single loose or broken spoke can lead to wheel failure and a catastrophic crash.