Disclaimer

 

 

Terms & Conditions of Use

You may view the contents of "sohobicycles.com" only for the purpose of shopping or placing an order on this website and for no other purpose.

No materials from "sohobicycles.com" may be used, copied, licensed, sold, reproduced, modified, imitated, republished, redacted, uploaded, shared, posted, transmitted, or distributed in any form or by any means without the prior written consent of their respective owners.

All rights not expressly granted herein are reserved.

 

Changes to these Terms & Conditions

sohobicycles.com ("SOHO Bicycles", “SOHO”, "Website", or "We") reserves the right to make changes to this website and these terms and conditions ("Terms") at any time, without limitation, and without notice, and you agree to be bound by such modifications or revisions.

 

Other Conditions

If you are using this Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and SOHO Bicycles for its violations.

 

Reasonableness

By using this Website, you agree that the Copyright  notice, Privacy Policy, Terms, exclusions and limitations of liability set out in this Disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.

 

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. SOHO Bicycles makes no representations or warranties in relation to this Website, products or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SOHO Bicycles does not warrant that:

  • this Website will be constantly available, or available at all;

  • the information on this Website is complete, true, accurate or non-misleading;

  • the products described on this website is fit for a particular purpose;

  • the products on this Website is available to you now, or will be available in the future;

  • any support in relation to this Website is available, or will be provided;

We reserve the right to terminate the Website at any time without notice for any reason.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter, you should consult an appropriate professional.

This Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that SOHO Bicycles is not responsible for the operation of or content located on or through any such website. For websites accessible through "sohobicycles.com" you must first consult their disclaimers, privacy policies and data collection practices before proceeding.

 

User Content, Representation and Conduct

This Website may include public and restricted access areas or services. You agree not to access or attempt to access any areas which you are not authorized to access or to provide or facilitate access to any nonpublic area by any unauthorized user.

In consideration of your use of this Website, you affirm that you are of legal age, competent to form a binding contract and you agree to:

  • provide accurate, current and complete information about yourself as may be prompted by a registration form;

  • maintain and be solely responsible for the security of your password and identification;

  • maintain and promptly update the registration data, and any other information you provide, to keep it accurate, current and complete;

  • accept all risks of unauthorized access to the registration data and any other information you provide;

  • use this Website strictly for its intended purpose.

 

Availability & Order Acceptance Policy

Bicycles that you see on this Website may not be available for purchase in all markets, countries or territories, including yours.

Your receipt of an electronic or other form of order confirmation does not signify SOHO Bicycles' acceptance of your order, nor does it constitute confirmation of its offer to sell. SOHO Bicycles reserves the right, at any time even after the receipt of your order, to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. These Terms will supersede any terms and/or conditions you include with any purchase order, regardless of whether "sohobicycles.com" e-Store signs them or not.

 

Limitations of Liability

SOHO Bicycles will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SOHO Bicycles has been expressly advised of the potential loss.

 

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website Disclaimer will exclude or limit SOHO Bicycles' liability in respect of any:

  • death or personal injury caused by SOHO Bicycles' negligence;

  • fraud or fraudulent misrepresentation on the part of SOHO Bicycles; or

  • matter which it would be illegal or unlawful for SOHO Bicycles to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Indemnification

You accept that, SOHO Bicycles has an interest in limiting the personal liability of its officers and employees.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless SOHO Bicycles' officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Website; (II) your violation of any of these Terms and conditions; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) your violation of any other Terms applicable to your use of products and services. This defense and indemnification obligation will survive these Terms and conditions and your use of the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website Disclaimer will also protect SOHO Bicycles' members, consultants, volunteers, partners, subsidiaries, parent company, successors, assigns, sub-contractors, and service providers, as well as the name "sohobicycles.com"

 

No Third-Party Beneficiaries

These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

 

Unenforceable Provisions

If any provision of this Website Disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this Website Disclaimer.

 

Governing Law and Exclusive Jurisdiction and Venue

These Terms and your use of this Website is governed by the laws of the Republic of Turkey, applicable to contracts made and performed there, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms or the Website will reside in the Courts of Istanbul, Turkey.

You agree and acknowledge that your use of this Website, and all transactions occurring in connection with this Website, shall be deemed to have occurred and taken place solely in the Republic of Turkey.

This Website shall be deemed a passive-website that does not give rise to personal jurisdiction over SOHO Bicycles, either specific or general, in jurisdictions other than the Republic of Turkey.

Where these Terms are translated into languages other than Turkish, in the event of any conflict or inconsistency between the Turkish version or other version of the Terms, the Turkish version of the Terms shall prevail.

 

International Use

SOHO Bicycles makes no representations that this Website and its content is appropriate or available for use in other jurisdictions or locations. You agree that persons who access or use this Website from other jurisdictions do so at their own volition and are responsible for compliance with any applicable law. 

 

Dispute Resolution

You agree to act in good faith with respect to each provision of these Terms and any dispute that may arise from it, to first contact us directly by email to seek a resolution.

 

Headings

The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms hereof.

 

General

These Terms, together with the Copyright  notice, Privacy Policy, and any other legal notices and agreements published by SOHO Bicycles on this Website, shall constitute the entire agreement between you and SOHO Bicycles concerning this Website and the Products. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sub-license your rights, if any, in this Website. 

If, at any time, SOHO Bicycle’s failure to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches.  A waiver will only be binding on us if it is in writing and signed by us.

 

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU, ARISING OUT OF OR RELATED TO THIS WEBSITE, PRODUCTS OR THESE TERMS, MUST COMMENCE WITHIN A DAY AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

PLEASE READ THIS DISCLAIMER CAREFULLY. BY ACCESSING OR USING, SOHOBICYCLES.COM

YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS, OTHERS INCORPORATED BY REFERENCE.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

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