Team Jamis Sports LLC
TERMS AND CONDITIONS OF SALE
We really appreciate your business and your interest in our products. We want to make sure you have a good experience purchasing from our webstore.
- Acceptance of These Terms. You (“Customer”) may place orders for Products with Team Jamis Sports LLC (“Jamis,” “we,” “our”) via one of our website, (www.jamisbikes.com), “Product(s)” collectively means any and all items being sold by Jamis to you in the United States. By placing an order, you consent to these Terms and Conditions of Sale (“Terms”) and acknowledge that we will furnish the Products subject to these Terms. Unless expressly agreed to or set forth in writing by Jamis, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever.
- Orders. All orders are subject to Jamis’s acceptance. This means Jamis may for any or no reason refuse to accept or may cancel or limit any order, or order quantity, whether or not the order has been confirmed. Your receipt of an order confirmation does not mean our acceptance of your order, nor is it a confirmation of our offer to sell. We are simply confirming we received your order. If we cancel an order after you have already been charged, Jamis will refund you the charged amount.
- Product Offering. All Product descriptions on our websites are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue a Product at any time. We have made every effort to display the colors and images of the Products as accurately as possible. We cannot guarantee that your device’s display of any color will be accurate and a true reflection of the physical item upon receipt.
- Price. All prices on our website and the prices of our products sold by third party retailers are subject to change and exclude applicable tax and shipping. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur. All prices are listed in U.S. Dollars.
- Special Offers. From time to time, we may be offering special promotions for some or all of our Products, including discounts, limited edition products, or free shipping. These offers may be for a limited time only and Jamis reserves the right to change or discontinue such offers at any time.
- Payment. All orders must be paid in full as a condition of the order being accepted by Jamis. We accept most major credit cards issued in the United States provided they are associated with a U.S. billing address. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.
ACCESSORY orders will ship directly to your submitted shipping address.
ALL BICYCLE(S) on order will be shipped to a local bicycle retailer. Your shipping address will be used to find a nearby bike shop who will professionally assemble your bicycle. Once the purchase has been completed a Jamis representative will contact you with information on where you will be able to pick up your new Jamis bicycle. After your bicycle has been delivered to the bike shop, please allow up to five days for your new Jamis bicycle to be professionally assembled. You will be notified when your bicycle is ready for pickup. Bicycles are only shipped to domestic US addresses by FEDEX Ground.
Available shipping options will be displayed during the checkout process. Any timeframe provided by Jamis for when the Product(s) may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events some of which are beyond our control. Jamis cannot be held liable for late deliveries. If you no longer have use for an item due to a late delivery, please contact our Customer Service Department immediately. You can also refer to our return policy for available options.
All risk of loss or damage to the Products shall pass to bicycle retailer upon its receipt of the bicycle or you, or a person designated by you, upon taking physical possession of the Product(s). Title in the Product(s) shall pass to you when the Product(s) are picked up at the bicycle retailer’s designated address.
8. Returns. Except as otherwise stated by Jamis in writing, you may not cancel an accepted order without our prior written consent, which we may withhold in our discretion.
Please review our full Refund and Return Policy here: https://www.jamisbikes.com/refund-and-returns-policy/
If you are not satisfied with your purchase you have 30 days to return the product.
For ACCESSORIES the full cost paid for the accessories will be refunded by Jamis your credit card minus all shipping charges.
For BICYCLES the full cost paid for the bicycle will be refunded by Jamis to you credit card minus all shipping charges and a $95.00 restocking fee. These shipping charges include the original $49.00 ($95.00 for oversized bikes) shipping charge and an additional $49.00 ($95.00 for oversized bikes) return shipping fee. The bicycle must be returned in the original packaging with in 30 days of the original fulfillment date.
- Warranty. For more information regarding our Warranty Guidelines, please click here: https://www.jamisbikes.com/support/warranty-guidelines/
- Not for Resale. Products sold on our websites may be only resold by third parties, which have been authorized to do so by Jamis. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.
- Dispute Resolution and Applicable Law. Customer and Jamis agree all disputes regarding Customer’s purchase of Products on our website(s) (the “Claim”) shall be resolved by binding arbitration, which is an alternative to a trial by jury. The arbitration shall be before a retired Superior Court Judge in Bergen County, New Jersey, in accordance with the Rules of the American Arbitration Association then in effect (“AAA Rules”). The applicable law shall be New Jersey law, without reference to its conflicts of laws provisions, or federal law, as applicable. Customer and Jamis agree any decision by the arbitrator shall be final and binding. The parties agree the arbitration proceeding will be kept confidential and the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, submissions, awards, materials exchanged in discovery) will not be disclosed beyond the arbitration proceedings, except as may be lawfully required in judicial or regulatory proceedings relating to the arbitration, or as specifically permitted by law. This arbitration agreement does not preclude you or Jamis from seeking action by federal, state, or local government agencies.
Neither you nor Jamis may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Further, it is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Customer stipulates to personal jurisdiction in California and agrees to accept service of process by registered or certified mail.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THE PARTIES WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
- Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold Jamis harmless from and against any and all claims, costs, proceedings, demands, losses, defense costs (including, without limitation, reasonable attorney’s fees and costs) of any kind or nature arising from the breach of the Terms by you or anyone using your account.
- Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.