UCARBONEX TERMS OF SERVICE
Effective Date: [Since 2020]
Website: UCARBONEX.com
Website: UCARBONEX.com
SECTION 00 — ACCESS AND ELIGIBILITY
By accessing or using the UCARBONEX.com website or purchasing or using UCARBONEX products and services, you represent and warrant that:
You are 16 years of age or older; or
If you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and
Your use of UCARBONEX.com and UCARBONEX products and services does not violate any applicable law, regulation, or legal requirement.
UCARBONEX reserves the right to terminate or restrict access without notice if there is reasonable belief that a user is under the age of 16 and does not have the required parental or legal guardian consent.
Parents or legal guardians who provide consent for a minor's use of UCARBONEX.com or UCARBONEX products agree to be bound by these Terms with respect to the minor's activities.
UCARBONEX utilizes Paypal, Apple Pay, Zelle and other services for certain payment and transaction processing and maintains an official eBay store.
SECTION 0 — PRICING, SERVICE DISCRETION, AND CUSTOMER APPRECIATION
Pricing Changes:
UCARBONEX reserves the right to change, modify, increase, or decrease the prices of products and services at any time. Price changes will not affect orders that have already been completed or otherwise confirmed, except where permitted by applicable law.
UCARBONEX reserves the right to change, modify, increase, or decrease the prices of products and services at any time. Price changes will not affect orders that have already been completed or otherwise confirmed, except where permitted by applicable law.
Right to Refuse or Deny Service:
UCARBONEX reserves the right to refuse, decline, limit, or discontinue service to any individual or entity, to the maximum extent permitted by applicable law. UCARBONEX may exercise this right based on legitimate business, safety, operational, legal, or other considerations.
UCARBONEX reserves the right to refuse, decline, limit, or discontinue service to any individual or entity, to the maximum extent permitted by applicable law. UCARBONEX may exercise this right based on legitimate business, safety, operational, legal, or other considerations.
Customer Appreciation Gifts:
From time to time, UCARBONEX may provide gifts, promotional items, discounts, or other complimentary items to customers or anyone as a gesture of appreciation. Such gifts are provided at UCARBONEX's discretion and are not guaranteed, promised, or required as part of any purchase or service.
From time to time, UCARBONEX may provide gifts, promotional items, discounts, or other complimentary items to customers or anyone as a gesture of appreciation. Such gifts are provided at UCARBONEX's discretion and are not guaranteed, promised, or required as part of any purchase or service.
SECTION 1 — GENERAL TERMS
These Terms of Service ("Terms") constitute a binding legal agreement between you ("Client," "User," "Purchaser," or "Buyer") and UCARBONEX, a sole proprietorship ("UCARBONEX," "we," "us," or "our").
Access to and use of this website, including the purchase of products and services, is subject to:
These Terms of Service;
All applicable federal, state, and local laws and regulations; and
Any modifications, updates, or revisions UCARBONEX may make to these Terms at its discretion.
By accessing UCARBONEX.com, purchasing a product, submitting an item for custom work, or otherwise using UCARBONEX services, you acknowledge that you have read, understood, and agreed to these Terms.
SECTION 2 — CUSTOMER-SUBMITTED IDEAS AND INFORMATION
IMPORTANT — PLEASE READ
Any projects, concepts, product ideas, designs, suggestions, recommendations, or other information submitted to UCARBONEX through customer service, email, social media, website forms, or other communication channels shall be considered non-confidential and non-proprietary, unless otherwise agreed to by UCARBONEX in writing.
By submitting such information, the sender grants UCARBONEX an unrestricted right to use, evaluate, develop, manufacture, modify, reproduce, commercialize, and sell products or services derived from or incorporating such information.
Unless otherwise agreed to in writing, the sender shall not be entitled to compensation, royalties, attribution, ownership, or other consideration for the use of submitted ideas or concepts.
SECTION 3 — CANCELLATIONS, REFUNDS, AND FINAL SALES
3.1 General Refund Policy
NO REFUNDS. ALL SALES ARE FINAL.
All custom work is non-refundable.
Once custom work has been purchased or production has commenced, the order may not be cancelled for a refund except where expressly provided under these Terms or required by applicable law.
3.2 Limited Refund for Damaged Parts
A limited refund may be available only if a part is delivered cracked or otherwise qualifies under the applicable limited remedy.
If eligible:
The maximum refund is 80% of the total purchase price.
The Buyer must report the crack or qualifying damage within 5 days of delivery.
After 5 days from delivery, no refund claim for the reported damage will be accepted, except where otherwise required by applicable law.
The Buyer must ship the damaged part back to UCARBONEX within 30 days of delivery.
The Buyer is responsible for return shipping costs.
If the part is not shipped back within 30 days of delivery, the refund will not be available.
Refund processing may take approximately 30 days to appear, depending on the payment provider or financial institution.
UCARBONEX reserves the right to inspect returned parts and determine whether the reported condition qualifies under this limited remedy.
SECTION 4 — CUSTOMER-SHIPPED COMPONENTS
4.1 Shipping Damage
UCARBONEX is not responsible for damage that occurs to customer-supplied components while those components are being shipped to UCARBONEX.
Clients are responsible for properly packaging all items to protect them from damage, impact, bending, crushing, scratching, or other structural compromise during transportation.
4.2 Existing Damage and Wear
Customer-provided components submitted for custom projects may show, or may acquire during fabrication, signs of:
Cuts;
Scratches;
Surface wear;
Adhesive residue;
Existing damage; or
Other cosmetic or structural imperfections.
Customers must understand and accept the possibility that work performed around or on a customer-supplied component may result in additional cosmetic or physical changes.
Customers should only submit components if they are willing to accept the possibility of damage or modification resulting from the fabrication process.
4.3 Damaged Components Upon Arrival
If a customer-supplied component arrives damaged, UCARBONEX may document the condition with photographs taken on or near the date of delivery.
At the Client's request, UCARBONEX may attempt to use a compromised component if UCARBONEX determines that doing so is reasonably feasible.
UCARBONEX does not guarantee that a damaged customer-supplied component can be safely or successfully used.
SECTION 5 — CUSTOMER ACKNOWLEDGMENT OF TERMS
By purchasing from UCARBONEX or proceeding with UCARBONEX services, you acknowledge and agree to the Notices, Custom Parts Limited Remedy, Warranty Terms, and Terms of Service stated on UCARBONEX.com.
En Español
Al comprar productos de UCARBONEX o continuar con los servicios de UCARBONEX, usted reconoce y acepta los Avisos, la Reparación Limitada de Piezas Personalizadas, las Garantías y los Términos de Servicio establecidos en UCARBONEX.com.
Los términos aplicables pueden revisarse en la página correspondiente de UCARBONEX.com.
SECTION 6 — CUSTOM PARTS LIMITED REMEDY
6.1 Customer-Provided Parts
Customer-provided parts submitted for carbon fiber fabrication may show signs of:
Wear;
Scratches;
Cuts;
Adhesive residue; and
Other cosmetic or physical changes.
This may occur as a result of fabrication work performed around, on, or in connection with the provided part.
By submitting a part for custom fabrication, the Purchaser acknowledges and accepts these potential conditions.
6.2 Mounting and Installation Risks
Improperly, quickly, or inadequately mounted carbon fiber parts may scratch, damage, or otherwise affect the surface to which they are applied.
The Purchaser and end user assume all risks associated with the installation, mounting, use, and application of carbon fiber material goods.
UCARBONEX is not responsible for damage resulting from improper installation, mounting, use, or handling.
Use all carbon fiber products responsibly and according to their intended application.
6.3 Custom Work — Final Sale
NO REFUNDS. ALL CUSTOM WORK IS NON-REFUNDABLE. ALL SALES ARE FINAL.
The limited damaged-part remedy described in Section 3 is the only refund remedy offered by UCARBONEX, except where otherwise required by applicable law.
SECTION 7 — BICYCLE REFRESH AND REPAIR WARRANTY
UCARBONEX provides a 1-year limited warranty on qualifying bicycle repair services beginning on the original purchase date.
Additional shipping fees or service charges may apply to warranty claims.
Customers will be notified before any additional charges are applied.
7.1 Warranty Exclusions
The warranty does not cover products or services affected by:
Modification;
Neglect;
Racing;
Extreme riding;
Competition;
Commercial use;
Abuse;
Misuse;
Accidents;
Improper installation;
Improper mounting on a rack or surface;
User error;
Regular wear and tear;
Extreme heat beyond the temperature range for which the product was designed;
Carbon fiber surface yellowing resulting from prolonged exposure to sunlight or UV radiation; or
Any use or condition beyond normal intended use.
UCARBONEX reserves the right to determine whether a condition resulted from user error, misuse, improper installation, accident, or another excluded circumstance.
SECTION 8 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UCARBONEX OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH UCARBONEX PRODUCTS OR SERVICES.
This limitation applies regardless of whether such damages are based on contract, strict liability, negligence, tort, warranty, or any other legal theory, and regardless of whether UCARBONEX was advised or had reason to know that such damages were possible.
UCARBONEX does not assume responsibility for:
Buyer installation;
Product modification;
Improper use;
Unusual stress;
Improper mounting;
Unauthorized use;
Misuse; or
Determining whether a product is suitable for a particular application.
The Buyer is responsible for determining the suitability of any UCARBONEX product for the Buyer's intended application.
UCARBONEX is not responsible for damages incurred directly or indirectly to vehicles, bicycles, equipment, operators, riders, passengers, or other persons or property, except where such exclusion or limitation is prohibited by applicable law.
SECTION 9 — EXCLUSION OF LIABILITY FOR MISUSE
UCARBONEX shall not be responsible for damage, injury, loss, or failure resulting from products that have been:
Modified;
Neglected;
Used in racing;
Used in extreme riding;
Used in competition;
Used for commercial purposes;
Abused;
Misused;
Involved in an accident; or
Used beyond their normal intended application.
The Buyer and end user are responsible for using UCARBONEX products appropriately and within their intended design limitations.
SECTION 10 — IMPORTANT CARBON FIBER WARNINGS
WARNING — READ BEFORE USE
Damage to carbon fiber materials may occur as a result of an impact, crash, accident, excessive force, improper use, or other misuse.
Carbon fiber damage may not always be visible through visual inspection.
Damaged carbon fiber may fail suddenly and may result in serious injury or death.
If you suspect that the structural integrity of a carbon fiber product has been compromised:
IMMEDIATELY STOP USING THE PRODUCT.
Do not continue riding, operating, installing, or otherwise using a potentially damaged carbon fiber product. The product should be inspected by an appropriately qualified professional and replaced when necessary before further use.
SECTION 11 — HIGH-RISK RIDING AND ACTIVITIES
The following activities may involve substantial risk and may cause serious injury, fatal injury, death, property damage, or product failure:
Stunting;
Trick riding;
Ramp riding;
Jumping;
Aggressive riding;
Riding on severe or extreme terrain;
Riding in severe climates;
Riding with heavy loads;
Riding double or carrying additional riders;
Racing;
Competition; and
Commercial activities.
Such activities are inherently dangerous.
To the maximum extent permitted by applicable law, individuals who engage in these activities acknowledge and assume the risks associated with such use, including the risk of product or bicycle failure and personal injury.
UCARBONEX shall not be responsible for breakdown of a bicycle, vehicle, component, or product, or for injuries arising from prohibited, excluded, improper, or high-risk use, except where liability cannot legally be excluded.
SECTION 12 — ASSUMPTION OF RISK
The Purchaser and end user are responsible for understanding the risks associated with the installation and use of UCARBONEX products.
By purchasing or using a UCARBONEX product, the Purchaser acknowledges that certain products, materials, installations, and activities may involve inherent risks.
The Purchaser and end user agree to use products responsibly, follow applicable manufacturer instructions, and discontinue use if damage or a potential safety issue is suspected.
SECTION 13 — ENTIRE TERMS AND AGREEMENT
These Terms establish the conditions governing the use of UCARBONEX services and products, including existing and future products and services.
By using UCARBONEX services, purchasing UCARBONEX products, or submitting components for custom work, you acknowledge and agree to these Terms of Service, Warranty Terms, Notices, Limited Remedies, and Limitations of Liability.
Nothing in these Terms is intended to waive any right or protection that cannot legally be waived under applicable law.
UCARBONEX reserves the right to update or modify these Terms when necessary. The most current version posted on UCARBONEX.com will govern future purchases and services, subject to applicable law.
END OF UCARBONEX TERMS OF SERVICE