TERMS CONDITIONS

Copyright, trademark and related issues

All material, trademarks or other intellectual property on this site are either the property of Atom Bicycles Ltd. or affiliated companies, or are used with the authorization of the owners, and are subject to copyright. Reproduction for personal use is permitted. Unauthorized modification, copying, hiring, lending, transmission and broadcast are prohibited. Material from this site may not be sold or otherwise distributed for profit. Links on Atom Bicycles Ltd. sites may take you outside the Atom Bicycles Ltd. network, and Atom Bicycles Ltd. accepts no responsibility for the content, accuracy or function of these sites; the links are provided in good faith, and we cannot be held responsible for any subsequent change in sites to which we link. Neither Atom Bicycles Ltd., any of its associated companies, nor any other party involved in creating, producing, or delivering this site, shall be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of, this site. Everything on this site is provided to you "AS IS". Neither Atom Bicycles Ltd. nor any of its associated companies warrant the accuracy of any of the material contained in this site or that it fits any particular purpose. In addition, Atom Bicycles Ltd. shall not be liable for any damages to, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from this site. Some jurisdictions may not allow certain limitations of warrantees and damages, so some of the above exclusions may not all apply to you. While any personal details sent to Atom Bicycles Ltd. sites are subject to our policy on privacy and protection of personal data, we understand that all information you communicate to Atom Bicycles Ltd. through the Internet (including any remark, suggestion, idea, graphics, etc.) becomes and will remain our exclusive property with unrestricted rights to use it, without compensating you or anyone else for them. In addition, any such information will not have to be treated by us as confidential.


The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this site belong to an affiliated company of Atom Bicycles Ltd. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site. Your use/misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Atom Bicycles Ltd. will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.


Linking

This Web site may contain links to other Web sites. These links are to companies or organizations we believe you may have an interest in. Atom Bicycles Ltd .is not responsible for the content of any other site or for ongoing review of other sites.


Jurisdictional issues

The Atom Bicycles Ltd. products, materials, offers and information appearing on this Web site are intended for Canadian consumers. This site is controlled by Atom Bicycles Ltd. Atom Bicycles Ltd. makes no representation that materials on this site are appropriate for use in other locations.


Limitation of liability

Your use of and browsing on this Web site are at your own risk. Neither Atom Bicycles Ltd. nor any other party involved in creating, producing or delivering this Web site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Web site. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Atom Bicycles Ltd. assumes no liability and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your use of this Web site.


We reserve the right to make changes to this site and these disclaimers, terms and conditions at any time.

 

Standard Terms and Conditions Applying to All Sales

All sales by Atom Bicycles Ltd. ("Atom Bicycles") are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in the purchase order of purchaser or in any similar communication are hereby objected to by the Company and shall not be binding nor effective unless assented to in writing by an authorized representative of the Company.


Price and Terms: Unless otherwise stated, all orders will be invoiced at the Company's prices in effect on the date of shipment, which purchaser agrees to pay. Prices do not include sales, use, excise, value added or similar taxes.


Delivery: Title to and risk of loss of all goods sold hereunder shall pass to purchaser upon their delivery, F.O.B. Chelsea, Quebec. Purchaser to be billed all freight costs and expenses.


Inspection: If upon receipt of the goods by purchaser the same shall appear not to conform to the original order, purchaser shall within seventy-two (72) hours after receipt thereof notify the Company of such condition and afford the Company a reasonable opportunity to inspect the goods and make any appropriate adjustment or replacement. The remedies afforded purchaser under the paragraph entitled "WARRANTY" shall be the exclusive remedies for the defective goods whether or not discovered upon inspection by purchaser. Purchaser shall not delay payment for the goods pending their inspection.


Warranty:
Atom Bicycles Ltd. provides warranty coverage on the frame and fork of each Frenchie bicycles for a period of one (1) year from the date of purchase. All other original components and accessories are warranted to be free from defects in material or workmanship for a period of sixty (60) days from the original date of purchase. Our warranty excludes:

  1. damage caused by excessive wear and tear and/or physical/accidental abuse; and,
  2. damage resulting from wear under conditions exceeding the manufacturer's intended use of the product.

All shipping and handling costs in connection with warranty service are the responsibility of the customer. This warranty is valid only at Atom Bicycles Ltd.. Improper repair or warranty service performed by someone other than Atom Bicycles Ltd. will void this warranty.
Atom Bicycles Ltd. DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF WRITTEN OR IMPLIED WARRANTY OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY DAMAGES, PROPERTY DAMAGE, OR ECONOMIC LOSSES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. For additional questions concerning warranty service, please contact Customer Service.
Limited Remedy
Unless otherwise provided, the sole remedy under the above warranty or any implied warranty is limited to the replacement of defective parts with those of equal or greater value at the sole discretion of Atom Bicycles Ltd.. You will be responsible for labour costs associated with warranty replacements.

Exclusions
THE ABOVE WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR, AND ALL WARRANTIES ARE VOID IF THE BICYCLE IS USED FOR OTHER THAN NORMAL ACTIVITIES. INCLUDING, BUT NOT LIMITED TO THE FAILURE TO USING THE BICYCLE FOR COMMERCIAL ACTIVITIES OR IN COMPETITIVE EVENTS, INCLUDING BUT NOT LIMITED TO BICYCLE RACING, BICYCLE MOUNTAIN BIKING, STUNT RIDING, RAMP JUMPING OR SIMILAR ACTIVITIES, AND TRAINING FOR SUCH ACTIVITIES OR EVENTS. ATOM BICYCLES LTD. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THAT OF THE EXPRESS WARRANTIES STATED ABOVE.


Returns: Except as set forth in the following paragraph, Product may be returned only upon issuance of a return authorization number by the Company (a "Return Authorization"). Any return will be for credit or inventory adjustment only. A fifteen percent (15%) restocking fee will be imposed on all returns for credit. The Return Authorization number must appear on all packages and paperwork in connection with such return. Product must be in new and saleable condition. Issuance of a Return Authorization does not bind the Company to accept such return. Final decision shall be made after the Company has inspected the returned Product.


Repairs: Product not under warranty may be shipped to the Company for repair. The Product must be sent by freight pre-paid, and clearly marked with the "Return Authorization" number. Please include the nature of the problem along with contact information. If the Product is under warranty, include a copy of the receipt or invoice indicating date of purchase.

 

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