Terms and Conditions
Welcome to Modern Cycling Wear. These Terms and Conditions govern your use of our website, moderncyclingwear.com, and your purchase of products from us. By accessing, browsing, or placing an order on our website, you agree to be bound by these terms. Please read this document carefully before proceeding with any transaction. If you do not agree with any part of these terms, we respectfully ask that you refrain from using our website or purchasing our products.
At Modern Cycling Wear, we are committed to providing a transparent, fair, and secure shopping environment. These terms are designed to protect both you, our valued customer, and our business interests. They outline the legal framework for our relationship, ensuring that every interaction is conducted with clarity and mutual respect. We reserve the right to update or modify these terms at any time, and it is your responsibility to review them periodically. Your continued use of our website following any changes constitutes your acceptance of the updated terms.
1. Acceptance of Terms
By using moderncyclingwear.com, you confirm that you have read, understood, and accepted these Terms and Conditions in their entirety. You also confirm that you are at least the legal age of majority in your jurisdiction, or that you have obtained parental or guardian consent to use our website and make purchases. If you are using the website on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
2. Products and Descriptions
We strive to provide accurate, up-to-date information regarding our products, including descriptions, specifications, colors, sizes, and pricing. However, we do not warrant that product descriptions, images, or other content on our website are error-free, complete, or current. The colors you see on your screen may vary depending on your monitor settings, and we cannot guarantee that the actual product will match the color displayed on your device.
All product sizes are approximate and provided for guidance only. We strongly encourage you to consult our detailed size guides and measurement instructions before placing an order. If you are uncertain about sizing or fit, we recommend contacting our support team for assistance prior to purchase.
3. Pricing and Payment
All prices displayed on moderncyclingwear.com are in the currency indicated on the website. We make every effort to ensure that pricing information is accurate. However, in the event of an error in pricing, we reserve the right to correct such errors and to cancel or refuse any orders placed at the incorrect price. We will notify you promptly if such a situation arises and give you the option to reconfirm your order at the correct price or cancel it.
We accept various secure payment methods as indicated during the checkout process. By submitting your payment details, you represent and warrant that you are authorized to use the selected payment method. All transactions are processed through secure payment gateways, and we do not store your full payment card information on our servers. You are responsible for ensuring that your payment details are accurate and that sufficient funds are available to complete the transaction.
4. Orders and Acceptance
Placing an order on our website constitutes an offer to purchase the selected products. After you place an order, you will receive an automated email confirming receipt of your order. This email is an acknowledgment of your order and does not constitute acceptance of your offer.
We reserve the right to accept or decline any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or failure to meet our eligibility criteria. If we are unable to fulfill your order, we will notify you as soon as possible and provide a full refund for any payments already processed.
All orders are subject to availability. We make reasonable efforts to maintain accurate stock levels on our website, but we cannot guarantee that any product shown will be available at the time of your order. If a product is out of stock after you have placed an order, we will contact you to offer a substitute, a delay in delivery, or a full refund.
5. Ownership and Risk
We retain ownership of all products until we receive full payment for your order. Once your order has been dispatched to the shipping carrier, the risk of loss or damage to the products passes to you. This means that if the package is lost or damaged during transit, you will need to file a claim with the carrier. However, we remain committed to assisting you in such situations and will work diligently to resolve any delivery issues.
6. Intellectual Property
All content on moderncyclingwear.com, including but not limited to text, images, graphics, logos, designs, icons, software, and audio or video clips, is the exclusive property of Modern Cycling Wear or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, transmit, or otherwise use any content from our website without our prior written consent.
The Modern Cycling Wear name, logo, and all related trademarks, service marks, and trade names are our proprietary marks. You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes only. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.
7. User Conduct and Obligations
By using our website, you agree to comply with all applicable laws and regulations. You further agree not to:
- Use our website for any unlawful, fraudulent, or malicious purpose.
- Attempt to gain unauthorized access to any part of our website, servers, or systems.
- Interfere with the proper functioning of our website, including introducing viruses, malware, or other harmful code.
- Collect or harvest any personal information of other users without their consent.
- Post, transmit, or distribute any content that is defamatory, obscene, threatening, or otherwise objectionable.
We reserve the right to terminate or suspend your access to our website, without notice, if we believe you have violated these Terms and Conditions.
8. Disclaimer of Warranties
Our products are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Modern Cycling Wear makes no representations or warranties of any kind, express or implied, regarding our products or our website. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. While we strive to provide the highest quality products, we do not guarantee that our products will meet your specific expectations or requirements.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Modern Cycling Wear shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website or products. This includes, without limitation, damages for loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from these terms or your use of our products shall not exceed the total amount paid by you for the product in question. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Modern Cycling Wear, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to your violation of these Terms and Conditions, your use of our website, or your violation of any applicable law or the rights of any third party.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which our business is established, without regard to its conflict of law principles. Any dispute arising from or relating to these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction.
12. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
13. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, labor disputes, government actions, supply chain disruptions, or technical failures.
14. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Modern Cycling Wear regarding your use of our website and purchase of our products. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15. Contact Information
If you have any questions, concerns, or requests regarding these Terms and Conditions, please reach out to us through the designated contact channels available on our website. We value your feedback and are here to assist you.
Thank you for choosing Modern Cycling Wear. We appreciate your trust in us and look forward to serving you with the highest quality cycling apparel and service. Ride safe, ride strong, and enjoy every mile.
