Terms & Conditions
These terms will apply to any contract between us for the sale of products (Products) listed on our website (our site) to you (each, a Contract). Please read these terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any Products from our site.
Included in the purchase price of some of our bicycle Products is an assembly and tune-up fee which we will pass, on your behalf, to a third party bicycle assembly and maintenance provider. YOU SHOULD READ THE FOLLOWING STATEMENT CAREFULLY SO THAT YOU UNDERSTAND THE NATURE OF OUR LIMITED LEGAL RELATIONSHIP WITH YOU WITH RESPECT TO THE ASSEMBLY OF YOUR BICYCLE as well as the independent legal relationship you will have with that service provider in respect of the assembly and tune-up of the bicycle(s) you have ordered using our site.
IN RELATION TO THE PROVISION OF ANY BICYCLE ASSEMBLY OR MAINTENANCE SERVICES SOLD IN CONNECTION WITH ANY PRODUCT ORDERED FROM US, YOU WILL HAVE A SEPARATE CONTRACT DIRECTLY AND EXCLUSIVELY WITH THE THIRD PARTY BICYCLE ASSEMBLY AND SERVICE PROVIDER (AND NOT WITH US), and all disputes or grievances should be directed to such provider, whose relevant details, together with that supplier's written terms of service (if any), shall be provided to you at least [two (2)] working days prior to the service provider's visit to you to assemble the Product for the first time.
We amend these terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on
These terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website https://passionbicycle.com. We are PASSION IGNITED LLC, a limited liability company organized under the laws of Delaware and with our principal place of business at 340 S LEMON AVE #278, WALNUT, CA 91789
1.2 Contacting us. You may contact us [by telephoning our customer service team at or] by e-mailing us at . If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. How we use your personal information
3.1 We use information held about you in the following ways:
(a) To ensure that content from our site is presented in the most effective manner for you and for your computer.
(b) To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
(c) To exercise our rights and carry out our obligations arising from any Contracts entered into between you and us.
3.2 We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by mail or telephone.
3.3 Where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
3.4 [If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please check the relevant box during the check-out process.]
3.5 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in San Francisco). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
3.6 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
3.7 We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and other agreements, or in order to assist, or to protect the rights, property, or safety of Passion Ignited LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
4. Your dealings with us
4.1 In respect of each Contract, these terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms.
4.3 WE DO NOT PROVIDE ANY BICYCLE ASSEMBLY OR MAINTENANCE SERVICES, AND WE ARE A VENDOR OF UNASSEMBLED BICYCLES (AND THEIR COMPONENT PARTS) ONLY. IT IS UP TO THE THIRD PARTY BICYCLE ASSEMBLY OR MAINTENANCE PROVIDER TO OFFER BICYCLE ASSEMBLY AND MAINTENANCE SERVICES WHICH ARE SCHEDULED THROUGH USE OF OUR SITE WHEN YOU COMPLETE YOUR ORDER. WE OFFER INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY BICYCLE RELATED ASSEMBLY AND MAINTENANCE SERVICES, BUT DO NOT (AND DO NOT INTEND) TO PROVIDE SUCH SERVICES NOR ACT IN ANY WAY AS A BICYCLE ASSEMBLY OR MAINTENANCE PROVIDER, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PROVIDER.
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our check-out process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the check-out process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes in the organization or management of our business; or
(c) changes in the terms or conditions of any of our suppliers, including, without limitation, our suppliers in respect of any overhead charges, such as our insurers.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. No right of return and refund
7.1 Subject to the application of any applicable mandatory law to the contrary, due to the custom nature of the Products ordered on our site, we regret that we are unable to offer any refunds, unless the Product you ordered was faulty or mis-described.
7.2 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full.
7.3 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
8. Delivery
8.1 We will contact you with an estimated delivery date, which will be within 60 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Due to the custom nature of our Products, delivery times may be longer. In the event of any delay to delivery, but we will notify you by email our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
8.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us and the Products will be your responsibility from that time.
8.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9. No international delivery
9.1 Unfortunately, we do not delivery to addresses outside the 48 contiguous states of the United States.
9.2 You may place an order for Products from outside the United States, but this order must be for delivery to an address in the United States.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The prices of our Products (or any of its component parts) do not include any applicable sales taxes nor any delivery charges. Any applicable sales taxes and delivery charges are as advised to you during the check-out process, before you confirm your order.
10.4 Due to the custom nature of our Products and the ability for you and our other customers to customize many of our Products, our site contains a large number of Products. It is always possible that, despite our reasonable efforts:
(a) some of the Products on our site may be incorrectly priced; or
(b) one or more of the component parts you selected may not be available.
10.5 If we discover an error in the price, or the unavailability of one or more of the component parts of the Products you have ordered we will contact you in writing (which may be by email) to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the check-out process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and un-mistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products using the payment methods offered to you during the check-out process.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12. Manufacturer guarantees
12.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.]
13. Our warranty for the Products
13.1 For bicycle Products which do not have a manufacturer's guarantee:
(a) We warrant that the frame and fork of each new bicycle Product to be free from defects in material and workmanship for a period of one (1) year from the date of purchase.
(b) All other original components of any bicycle Product are warranted to be free from defects in material or workmanship for a period of thirty (30) days from the original date of purchase.
13.2 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 our sole discretion. You will be responsible for labor costs associated with warranty replacements. IN NO EVENT SHALL WE BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, OR PRODUCT LIABILITY, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY DAMAGES, PROPERTY DAMAGE, OR ECONOMIC LOSSES.
13.3 Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13.4 THE ABOVE WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR, AND ALL WARRANTIES ARE VOID:
(a) IN RESPECT OF ANY DEFECT IN THE BICYCLE PRODUCT ARISING FROM WILFUL DAMAGE, ABNORMAL STORAGE OR WORKING CONDITIONS, ACCIDENT, NEGLIGENCE BY YOU OR BY ANY THIRD PARTY, OR ANY ALTERATION OR REPAIR BY YOU OR BY A THIRD PARTY WHO IS NOT ONE OF OUR AUTHORIZED REPAIRERS; OR
(b) IF THE BICYCLE PRODUCT IS USED FOR OTHER THAN NORMAL ACTIVITIES. INCLUDING, BUT NOT LIMITED TO THE FAILURE TO FOLLOW THE OWNER’S MANUAL USING THE BICYCLE FOR COMMERCIAL ACTIVITIES OR IN COMPETITIVE EVENTS, INCLUDING BUT NOT LIMITED TO BICYCLE RACING, BICYCLE MOTORCROSS RACING, STUNT RIDING, RAMP JUMPING OR SIMILAR ACTIVITIES, AND TRAINING FOR SUCH ACTIVITIES OR EVENTS.
13.5 We make no other warranties, express or implied.
13.6 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.
13.7 Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.]
14. Communications between us
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the third working after mailing or if sent by e-mail, one working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing..
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of California (excluding its choice of law rules).
15.7 We both irrevocably agree that the state and federal courts of the Northern District of the State of California shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation.