1. This web store (“Web Store”) is operated by Choi & Associates, Inc. under the brand name BikeRayUSA™ (“Choi & Associates Inc./we/us”). If you have any questions regarding the Web Store or these terms and conditions, or in the unlikely event that you have any complaints about any products or services purchased by you from the Web Store, you can contact us at:
Choi & Associates, Inc.
809 N. Louisville St. Suite:103
Port Orange. Fl 32129
1. These terms and conditions together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for products made available by us for purchase over the Web Store. Please read these Terms carefully. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local BBB for more infomation.
2. Please save electronically or print a copy of these Terms and Conditions for future reference.
3. ACCEPTANCE OF ORDERS
1. You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
2. In submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Neither the placing of an order, nor the receipt of money by us, creates a binding contract between you and us. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been dispatched to you.
3. When placing an order for the first time, you will be required to register with us and complete certain required fields on an online form. We will ask you to supply an e-mail address and password for you to be able to access certain areas of the Web Store, such as the My Account section of the Web Store (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Web Store without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Web Store.
4. In the event that prolonged inactivity causes your connection to our Web Store to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.
5. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the costs of carriage where applicable and correct any input errors. All information on our Web Store is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products.
6. If products are shown on our Web Store but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products.
7. You will be charged for the products which have been ordered by you together with the relevant delivery charges and taxes.
8. Although we have made all reasonable efforts to correctly display product colors on the Web Store, we cannot guarantee that these will be accurately represented.
1. All prices on this website are stated in American Dollars ($). They do not include any tax payable but exclude delivery charges and any tax on these delivery charges.
2. We endeavor to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products may be mis-priced. If a Product’s correct price is lower or higher than the price stated on the Web Store, we will contact you and ask you whether you wish to proceed with the order at the correct price at which point you may cancel your order and we will confirm this cancellation in writing via email. We will not be obliged to supply Products at an incorrect price.
3. We may vary the prices listed on this website at any time and without any notice.
5. PAYMENT TERMS
1. The total cost of your order will be the purchase price for the Products, plus delivery charges. Find out more about delivery charges by visiting the web page entitled “Delivery Information”.
2. More information about payment security etc can be found on the Main Menu.
3. Please note that we accept payment in American Dollars only.
4. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
7. DELIVERY, TITLE AND RISK
1. Orders will be sent to the delivery address that you have supplied during the ordering process. We cannot be held responsible if that delivery address is incorrect. Please note that we do not deliver to PO boxes or temporary addresses. Please note that there are restrictions on the locations to which we deliver products purchased from our Web Store.
2. Title in the Products will pass to you on the latter of:-
a) the date on which we receive payment in full for such Products; and
b) the date of delivery of such Products to your nominated address.
3. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
4. We shall be entitled to (a) deliver the Products in installments and each installment shall be deemed to constitute a separate contract and (b) supply only part of an order.
8. CANCELLATION AND RETURNS
Please refer to our returns policy for full information. This does not affect your statutory rights.
You also have the right to cancel your order within 7 clear working days (“cooling off period”). Please contact us as soon as possible if you wish to do this. In this case you must return the goods to us in their original condition, preferably in their original packaging or a suitable alternative and at your cost and risk. On receipt of the goods we will refund your original purchase price excluding the cost of any carriage charged. We will not refund the cost of return carriage.
9. AGE REQUIREMENTS
1. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
10. INTELLECTUAL PROPERTY
1. The “BikeRayUSA” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, photographs, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Web Store, accessories or packaging, whether registered or not, are and remain the exclusive property of Choi & Associates, Inc. Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
1. BikeRayUSA products and accessories purchased from Choi & Associates, Inc. are guaranteed against manufacturing defects for one (1) year from the original date of purchase. Choi & Associates, Inc.’s sole obligation in the event of such defects during this period is to repair or replace the defective part or product with a comparable part or product at Choi & Associates, Inc.’s sole discretion. Except for such repair or replacement, the sale, processing or other handling of this product is without warranty, condition or other liability even though the defect or loss is caused by negligence or other fault.
Damage resulting from use, abuse, accident, or normal wear and tear is not covered by this or any warranty.
Choi & Associates, Inc.’s assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. In no event shall Choi & Associates, Inc.’s be liable for incidental or consequential damages relating to or resulting from the use of these products or any of their parts.
2. Battery Care & Safety Information
Lithium Ion batteries are commonly used in a range of every day products including laptop computers. The batteries supplied with BikeRayUSA Bike Lights are high powered lithium ion batteries designed to give the high performance levels and high light outputs delivered by the product they power.
They must be treated with care in accordance with the Manufacturer’s Instructions. If they are not treated in the appropriate manner, these batteries can become unstable and may in certain circumstances pose a risk of fire. By knowing the conditions to avoid and the precautions to take, with proper care they will deliver long life and exceptional performance.
- Always store your battery in cool, dry, well-ventilated environment such as a dry garage or outbuilding. This will prolong battery life. You may wish to store it in a fire proof container or bag.
- Only use your BikeRayUSA Bike Light with the supplied BikeRayUSA battery and charger.
- Charge the battery in isolation and away from flammable materials.
- Keep the battery away from children and animals.
- Only charge the battery with the supplied battery charger and where the environmental temperature is between 0 – 40 degrees Celsius. Avoid excessive heat or cold at all times.
- Only charge on a single mains socket – Always avoid using plug blocks or socket doublers.
- Avoid dropping or crushing your battery - this could damage the battery pack internally and cause a short circuit. The effects of this could be delayed. If you do inadvertently drop/crush your battery then place it somewhere safe in cool, dry conditions and leave it for 30 minutes. Replace your battery in these cases. Dispose of the original battery safely, legally and in an environmentally responsible way.
- Check your battery and its wiring regularly for damage. If the wire to the battery or light head is damaged then do NOT use the battery and replace the battery or light head immediately as a short circuit of internal wires (normally protected by the black cable sheathing) could lead to fire.
- Never leave the battery unattended while charging – Never leave the battery charging overnight or while you are out.
- Never connect the battery to anything other than a compatible BikeRayUSA Bike Light.
- Never put the battery in a fire, water or other electrically conductive liquid.
- Never drop, crush, hit or shake the battery violently.
- Never disassemble the battery, reverse the polarity or short-circuit the battery.
- Never charge the battery for more than 24 hours continuously.
- Never attempt to “fast charge” your battery – it will only shorten its life.
BE SURE TO
Recharge the battery after every use and at least once every two months for between 30 and 60 minutes depending on the level of charge as indicated by your light head. AVOID a total discharge and top up your charge regularly… If you store the battery for a long time without using it its capacity will reduce and you may need to fully charge and discharge the battery several times to recover its full capacity.
If your battery has stood for a long time without being charged then it may not be possible to recover it at all and the battery will need to be replaced.
Any failure to comply with the above will invalidate your warranty.
12. EXCLUSION OF WARRANTIES
See 11 above for details of the warranty offered.
If you tamper with, modify or disassemble the product for any reason your warranty will become VOID. We check all products before shipping them to our customers and will therefore be aware if tampering, modification or dis-assembly has taken place and we will not refund or replace the product in these circumstances.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Choi & Associates, Inc. DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
This Section does not affect your statutory rights as a consumer. For more information on your statutory rights, local BBB for more information.
13. LIMITATION OF LIABILITY
1. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
2. Subject to Section 12.1 above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any:
- Economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or
- Loss of goodwill or reputation; or
- Special or indirect losses
suffered or incurred by you arising out of or in connection with these Terms.
3. This Section 12 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local BBB for more information.
14. DATA PROTECTION
1. If you wish to purchase Products on the Web Store you must provide us with the information required by us. By entering information on the Web Store you represent and warrant that (i) you are using your actual identity; and (ii) all information you provide is true, accurate, current and complete as at the time you provide us with that information.
2. By placing an order you agree and understand that we may store and process your personal data. We fully respect the privacy of individuals who access and use this Web Store and will never pass your details to any third party, except as required by law.
3. We store electronically the details of all orders placed with us through our online store and will make an electronic PDF copy of any order you have placed with us on request in writing subject to reasonable notice.
4. You are asked to set your contact preferences in terms of receiving information from us at the point you open your account with us. If you subsequently wish to amend these you may do so at your discretion and at any time by logging into your account. Alternatively you may write to us with your instructions at:
Choi & Associates, Inc.
809 N. Louisville St. Suite:103
Port Orange. Fl 32129
15. ASSIGNMENT, SUB-CONTRACTING ETC.
1. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
16. AMENDMENTS TO THESE TERMS
1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.
17. EVENTS BEYOND OUR REASONABLE CONTROL
1. We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
1. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed sever-able form and not affect the enforceability of any of the other provisions of these Terms.
19. GOVERNING LAW AND JURISDICTION
1. These Terms and all transaction relating to this Web Store are governed by USA law and you, and we, hereby submit to the non-exclusive jurisdiction of the USA courts.
1. English is the language available for the conclusion of any contract with us.