GENERAL TERMS AND CONDITIONS
TERRITORY: Ciclista-America dealers are not authorized to sub-distribute or resell any product offered by Ciclista-America to any consumer or wholesale dealer inside or outside of the USA. Ciclista-America, Sidi, Trilobite and Forcefield: Ciclista-America dealers are only authorized to sell Ciclista-America Apparel, Sidi, Trilobite and/or Forcefield product to the USA’s fifty (50) states, its territories and military APO or FPO address locations.
AVAILABILITY: Please note that not all products listed in Ciclista-America’s catalog or website are guaranteed to be available at the time of order, if at all. Ciclista-America reserves the right to cancel or delay plans for product introduction at its discretion.
BACKORDERS: It is the dealer’s responsibility to maintain his/her backorder preferences via Ciclista-America’s B2B website. Dealers that choose to use Ciclista-America’s auto ship feature are responsible for the managing of those products. Dealers that fail to do so are subject to restocking fees on the return of all products received via auto ship.
CATALOG-WEBSITE CONTENTS: Ciclista-America believes the contents and specifications of its catalog and website are correct. We assume no liability for any errors in listings, specifications, part numbers, prices, or size applications. We reserve the right to change specifications, product descriptions, product quality, pricing, and sizing at any time without notice and without further obligation. HOURS: 8:00am to 5:00pm (PST) Monday through Friday; closed weekends and UPS holidays.
WARRANTY: Details of each brand’s warranty is listed on www.Ciclista-America.com. To be considered for warranty all products must be purchased in the USA from a Ciclista-America authorized retailer. Any warranty is void if, in Ciclista-America’s opinion, the product has been improperly maintained, dried, misused, altered, crashed, damaged by improper motorcycle starting procedures or modified in any way, or if the usable life of the item has expired. We reserve the right to repair or replace, at our discretion, any valid warranty claim. This limited warranty is in lieu of all other guarantees or warranty’s implied or expressed. Buyer assumes all risk for any and all damage caused to them, a third party and/or property by virtue of failure of these products.
PAYMENT: Orders may be prepaid by means of a Visa, American Express or MasterCard, ACH bank transfer, Money Order, Cashier’s Check, cash, or company check (upon credit approval). Any overpayment will be posted as a credit on account or a refund can be issued per written request. Note: When using a credit or check card please understand the terms and conditions set by your financial institution.
TERMS: Dealers may apply for “open account” terms at a credit limit determined by Ciclista-America. All invoices due dates are calculated from the invoice date. Credit limits are defined, as the maximum amount a dealer may owe Ciclista-America at any given time. Dealers may request a specific limit however ultimately credit limits are set by Ciclista-America. Delinquent accounts will be charged interest at 1.5% per month, which is an annual rate of 18%. All special terms involving discounts, will be voided if past the term date. Special terms involving discounts must be paid with a company check, bank transfer, cashier check, or cash only.
PRICES: All prices are subject to change without notice.
INVOICE DISCREPANCIES: Ciclista-America does its utmost to ensure invoice accuracy. If a client feels Ciclista-America made an error of any kind they must contact Ciclista-America within 30 days of the invoice date. Requests after 30 days may not be honored, because of the importance of accuracy and the timeliness of noted discrepancies. Therefore, the client could be held responsible for all charges listed on the invoice, if Ciclista-America is not contacted for any discrepancies within 30 days of invoice date.
EXCHANGES/RETURNS: All exchanges and returns must be in new condition and original packaging and must be sent to the designated warehouse as determined by Ciclista-America. Dealer is responsible for freight charges on all exchanges or returns. All exchanges or returns received may be assessed a 25% restocking fee. All exchanges are subject to a $2/$1 return to purchase ratio. No returns on AGVSport or Vemar products. Partner dealers returning a product to exchange for another size will not be charged a restocking fee. Returned merchandise must be accompanied by the following:
- Return authorization number. (RA#)
- Copy of the original invoice for the items purchased.
- Letter of explanation.
Authorized returns will be handled only by product repair or replacement. No returns will be accepted after 60 from date of purchase. All sales are final on discontinued and closeout items. All returns, even if defective, are to be sent back as clean as possible, dirty items will either be refused or assessed a $10 cleaning fee! Customer is responsible for all shipping costs. Credits/refunds cannot be taken or issued until authorized by Ciclista-America’s Accounting Department.
RETURNED CHECKS AND REFUSED SHIPMENTS: A $30.00 processing fee will be charged for all returned checks. The fee charged for refused shipments is $25.00 or 25% restocking, whichever is greater, plus applicable freight charges. Payment is to be made in full immediately. If a check is returned twice by the same dealer, terms will be voided.
SHIPPING: The customer is responsible for all shipping charges unless Ciclista-America waives them as part of a sales program. All orders are shipped via UPS-ground. Shipments can be expedited at customers expense via UPS 3-day, 2-day, and overnight.
DAMAGED SHIPMENTS: Freight carriers are responsible to deliver Ciclista-America’s shipments in reasonable condition. All shipments leave Ciclista-America’s warehouse in perfect condition. Please note the number of packages delivered, as sometimes the carrier will separate them. If any customer receives a box that was damaged in shipment it is their responsibility to take appropriate action with the freight carrier. Actions should include a) Note on the receiving manifest from the freight carrier that the box was delivered in a damaged condition, note as many details as possible. b) Confirm that the tamper seal tape has not been compromised. c) Digital photograph of the damaged box. d) With the above information dealers may submit a freight claim with the freight carrier.
TRADEMARKS: Ciclista-America’s, Trilobite’s, Forcefield’s and Sidi’s rights in the patents, trademarks, trade names, logos and/or service marks (collectively the "Marks") are valuable assets of Ciclista-America, Trilobite, Forcefield and Sidi and shall remain the sole and exclusive property of same. Accordingly, no individual shall have the right to use the Marks in any manner whatsoever without the express prior written consent of Ciclista-America. All print or digital advertising by Dealers related to Products or utilizing the Marks must be approved in writing at least thirty (30) days prior to the commencement of the promotion. All proposals for advertising should be submitted in writing to the attention of the President at Ciclista-America 10225 Prospect Ave. Santee CA 92071, via email to bberroth@Ciclista-America.com or via facsimile to (619) 401-4108. Ciclista-America may approve or disapprove any advertising proposals in its sole and absolute discretion.
NOTICE: These terms and conditions may be changed by Ciclista-America at any time without notice.
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