By ordering, as the purchaser (“Purchaser”), and Argyle Sports, Inc. (“Seller”) agree to the following terms and conditions.
Seller represents that s/he is over the age of 18 and over the legal age of majority to enter into a contract according to any and all applicable laws.
Seller agrees to sell and Purchaser agrees to buy used bicycles that have been ridden by a member of the EF Education First professional cycling team. Purchaser acknowledges that all of the bicycles are in used condition and have been customized to a specific rider’s specifications, which means each bicycle may have unique specifications and differences even among the same style and size.
Each used bicycle sold will have a nameplate from one of Seller’s riders, but Seller cannot guarantee or promise which rider’s bicycle Purchaser will receive. In some cases the saddle, bar, stem, brake calipers or other smaller components (cassettes, sprint shifters etc.) may be a different model than pictured but of a similar value. Seller will not be providing any additional components or add-ons not pictured in the product image (i.e. charger for gear shifter).
The purchase price and all associated shipping and other costs for the used bicycles shall be shown on the face of the order invoice issued to Purchaser. The purchase price shall be payable in USD or EUR. All used bicycle sales are final and all payments are non-refundable.
Purchaser acknowledges and agrees that all used bicycles are purchases “AS IS” AND “WITH ALL FAULTS.” SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE USED BICYCLES. Purchaser assumes all risks and liability whatsoever resulting from the purchase, possession, use or disposition of the used bicycles. Seller will have no liability with respect to the used bicycles sold to Purchaser, including having no liability for incidental, special, or consequential damages, lost profits, or any expenses or costs of Purchaser including but not limited to shipping costs.
Purchaser acknowledges that the used bicycles sold by Seller may be dangerous based on inherent risks or improper use. Seller will not be responsible for any loss or injury resulting from Purchaser’s use of the used bicycles or from any defects or alleged defects with the used bicycles. Purchaser agrees to defend and indemnify Seller, Seller’s affiliates, and its and their officers, directors, riders, employees, contractors, and insurers from and against any and all claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to Purchaser’s purchase or use of the used bicycles. This indemnification shall survive the delivery of the used bicycles to Purchaser and any subsequent sale or other transfer of the bicycles to a third party.
Purchaser is responsible for all duties and taxes, as well as communications with the customs agent in their country (if applicable). Purchaser agrees to comply with all applicable export laws, restrictions and regulations governing or relating to the used bicycles purchased from Seller. Purchaser represents and warrants to Seller that Purchaser is not procuring the used bicycles with the intent to export such goods in violation of any applicable export control laws and regulations.
Seller’s ability to ship the used bicycles may be affected in case of an act of force majeure, such as an Act of God, war (declared or undeclared), sabotage, accidents, riots, labor unrest, strike, or shortage, disease or quarantine, fire, explosion, fuel shortages or price fluctuations, weather events, or any other reason beyond Seller’s reasonable control that would make delivery impossible, impracticable, or commercially unreasonable. Seller shall have no liability for the failure to ship or deliver the used bicycles during an event of force majeure and Seller’s obligation to complete the delivery of the used bicycles shall be suspended during such an event and for a reasonable period of time thereafter.
The purchase of the used bicycles and these Terms and Conditions shall be governed by the substantive and procedural laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflict of laws. Any disputes or controversy arising out of the purchase or related to these Terms and Conditions shall be settled exclusively by the state or federal courts of the Commonwealth of Massachusetts.
These terms and conditions represent the full and final agreement of the Parties regarding the sale and purchase of the used bicycles. No modification or waiver of these terms and conditions shall be effective unless made in writing by an authorized representative of Seller.