Nichols Sport Bikes | Terms of Use

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Legal Information + Notices

TERMS & CONDITIONS
TRADEMARKS
LIMITATION OF LIABILITY 
TYPOGRAPHICAL ERRORS 
TERM; TERMINATION
NOTICE
MISCELLANEOUS 
USE OF SITE
PARTICIPATION DISCLAIMER
INDEMNIFICATION
THIRD-PARTY LINKS
STATEMENT OF LIMITED WARRANTY
WARRANTY PERIOD 
EXTENT OF WARRANTY
WARRANTY SERVICE
RETURN POLICY
CONDITIONS OF RETURNS
PURCHASES - DOMESTIC AND INTERNATIONAL; OTHER TERMS AND CONDITIONS

TERMS & CONDITIONS
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nichols Sport Bikes. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nichols Sport Bikes or purchasing Nichols Sport Bikes products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nichols Sport Bikes or to purchase Nichols Sport Bikes products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nichols Sport Bikes. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS
All trademarks, service marks and trade names of Nichols Sport Bikes used in the site are trademarks or registered trademarks of Nichols Sport Bikes.

LIMITATION OF LIABILITY 
Nichols Sport Bikes shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nichols Sport Bikes has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS 
In the event that a Nichols Sport Bikes product is mistakenly listed at an incorrect price, Nichols Sport Bikes reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nichols Sport Bikes reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nichols Sport Bikes shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nichols Sport Bikes without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE
Nichols Sport Bikes may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Nichols Sport Bikes.

MISCELLANEOUS 
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nichols Sport Bikes products) shall be in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nichols Sport Bikes products) must be commenced within one (1) year after the claim or cause of action arises. Nichols Sport Bikes' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nichols Sport Bikes may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nichols Sport Bikes or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
Nichols Sport Bikes does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nichols Sport Bikes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nichols Sport Bikes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nichols Sport Bikes in its sole discretion.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nichols Sport Bikes, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Nichols Sport Bikes may link to sites operated by third parties. However, even if the third party is affiliated with Nichols Sport Bikes, Nichols Sport Bikes has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nichols Sport Bikes. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nichols Sport Bikes seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

STATEMENT OF LIMITED WARRANTY
The warranties provided by Nichols Sport Bikes in this Statement of Limited Warranty apply only to products you purchase for your use, and not for resale, from Nichols Sport Bikes and returned from the countries listed in the Extent of the Nichols Sport Bikes Warranty section below. The term "Product" means a Nichols Sport Bikes product. Nothing in this Statement of Warranty affects any statutory rights of consumers that cannot be waived or limited by contract. If you have any questions, contact Nichols Sport Bikes.

WARRANTY PERIOD 
Lifetime

The Nichols Sport Bikes Warranty warrants that each product manufactured by Nichols Sport Bikes:

is free from defects in materials and workmanship and
conforms to Nichols Sport Bikes' Official Published Specifications.

A valid proof of purchase may be required. If you do not have a valid proof of purchase, the warranty period will be measured from the date of sale from Nichols Sport Bikes.

If, during the warranty period, the product is not in good working order, Nichols Sport Bikes will, at its option, repair or replace it at no additional charge, except as is set forth below. A refund may also be available.

All products marketed by Nichols Sport Bikes that are NOT manufactured by Nichols Sport Bikes, carry their respective manufacturer's Warranty.

EXTENT OF WARRANTY
The warranty does not cover the repair or exchange of a product resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which Nichols Sport Bikes is not responsible. The warranty is voided by removal or alteration of product or parts identification labels.

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.

The warranty described in this statement applies only to drives returned from the United States, Canada, Mexico, Austria, the Netherlands, Ireland, United Kingdom, France, Spain, Portugal, Switzerland, Denmark, Norway, Germany, Italy, Sweden, Greece, Luxembourg, Belgium, Finland, Australia, Hong Kong, South Korea, Malaysia, New Zealand, Singapore, Taiwan, and Thailand.

WARRANTY SERVICE
Warranty service may be obtained from Nichols Sport Bikes by submitting a Nichols Sport Bikes Return Merchandise Authorization and the product to the Nichols Sport Bikes logistics center during the warranty period. You may be required to present proof of purchase or other similar proof of warranty entitlement. You are responsible for any associated transportation charges, duties and insurance between you and the Nichols Sport Bikes Logistics Center. In all instances, you must ship products in Nichols Sport Bikes approved packaging.

RETURN POLICY
Your satisfaction here at Nichols Sport Bikes is our main concern. We are sure you'll love each and every item you receive from us, however If you are not 100% satisfied with your purchase, we will be happy to accept a return for a full refund up to 60 days. If you are not completely satisfied, simply please contact us to obtain a Return Merchandise Authorization and mail the return to us at:

Nichols Sport Bikes 
913 Hanson Court
Milpitas, CA 95035

NOTE: YOUR RMA NUMBER MUST BE CLEARLY PRINTED ON THE OUTSIDE OF THE SHIPPING CONTAINER FOR US TO PROPERLY PROCESS YOUR RETURN. FAILURE TO DO SO CAN CAUSE DELAYS IN THE PROCESSING OF RETURNS.

We will gladly refund the purchase price of the returned item, less shipping and handling.
 

CONDITIONS OF RETURNS

Return Merchandise Authorization must be obtained and item(s) received by our office within 60 days
Returned items must be in original packaging material(s) and free from unreasonable customer damage and defacing
Returned items must not be damaged or defaced (excludes *shipping damage)
Items purchased by credit cards will receive a credit to the card used to purchase the item(s). If the card used to make the purchase is not available, only store credit in the amount of the return to Nichols Sport Bikes will be available

PURCHASES - DOMESTIC AND INTERNATIONAL; OTHER TERMS AND CONDITIONS
Nichols Sport Bikes uses AuctionInc and PayPal for its Online Store and Shopping Cart.

Due to the complexity of International monetary systems, it is nice to have a simple solution available to customers around the globe. We have one of the best solutions and we use it: Nichols Sport Bikes uses AuctionInc and PayPal for its Online Store. It is the way to go and we use it now exclusively for anyone with a computer that is online for international orders. We will not do bank transfers for security reasons.

We will accept snail mail bank checks and money orders in US funds, but of course that will take a while to process thoroughly.

So for the speed, security, and automatic international monetary conversions we use AuctionInc and PayPal.

One other important note that clinches the choice for our customers ... You do not need to have a PayPal account to use the system to pay by Credit Card.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Nichols Sport Bikes' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Nichols Sport Bikes may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Nichols Sport Bikes makes no commitment to update the materials on the Site with respect to such products and services.