NUKEPROOF US TERMS AND CONDITIONS
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND THE SEPARATE WEBSITE TERMS OF USE \ REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU CONFIRM THAT YOU HAVE READ AND THAT YOU AGREE TO THE SEPARATE WEBSITE TERMS OF USE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS AND TO THE WEBSITE TERMS OF USE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SIGNA SPORTS NORTH AMERICA HOLDING CORP. d/b/a NUKEPROOF US , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through us.nukeproof.com (the "Site"). These Terms are subject to change by SIGNA SPORTS NORTH AMERICA HOLDING CORP. d/b/a NUKEPROOF US (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy, which also governs your use of Nukeproof US’ Services, before placing an order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) Prices posted on this Site may be different from prices offered by us at our existing bike dealers across the US. All prices, discounts, and promotions posted on this Site are subject to change without notice. Pricing on Nukeproof US’ Products shall be set in accordance with Minimum Advertised Price (“MAP”) Policy. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) The following terms may be used by us to communicate pricing information:
(i) "MSRP Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller (“MSRP”).
(ii) "List Price" references our normal price for a product or service.
(iii) "Sale/Discount" refers to a reduced price for a product or service.
(iv) "Clearance" refers to a reduced price for a product or service that will be discontinued.
(d) We will not charge your credit card until after your order has entered the shipping process: (1) upon completion of check out, your credit card is authorized for use; (2) the order is placed in our system for review and approval; (3) once approved, the order is entered into queue for fulfilment; (4) and contingent on product availability, we then complete payment, print the shipping label and deliver to carrier. We accept Visa, Mastercard, Amex, Discover, Diners Club, Shop Pay, Apple Pay, Google Pay, and Meta Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title; Risk of Loss; and Damaged Product in Shipment.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) In the event you receive a product that is damaged in transit from us, please contact a Rider Experience Agent as soon as possible to assist you in filing a claim with the shipper on your behalf. When filing your claim have your original order number, tracking number, and 2 to 3 photos showing the reported damage ready upon request. A Rider Experience Agent will be available via phone, email, chat, or SMS at your convenience Monday through Friday from 7am to 7pm MT.
5. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original and clean condition. Returned products with signs of obvious use, but in otherwise undamaged condition, will also be accepted within 30 days of original delivery date for exchange, or store credit minus a minimum 5% restocking fee.1
(a) New Products in Undamaged Original Condition: Upon return and inspection by our technicians, products deemed to be clean, undamaged, and in its original condition will be eligible for full store credit. Products must be returned in its original packaging and in the original condition as received.
(b) Used Products in Undamaged Condition: Upon return and inspection by our technicians, products deemed to be used and undamaged will be eligible for exchange or store credit with a minimum 5% restocking fee. The customer may elect to upgrade to a higher priced product by simply paying the difference between the two products. Products returned with damage beyond normal wear and tear (e.g., minor scratches/swirl marks able to be buffed, dirt on tires, etc.) are not eligible for return.
(c) Used Products in Damaged Condition: Damaged products are unable to be accepted for return or exchange under our 30-day risk-free product return policy. Products damaged within 30 days of purchase are eligible for our Accidental Damage Plan. Products damaged due to poor return packaging are not eligible for return, or exchange. All products must be returned in the original packaging under our 30-day risk-free product return policy.
(d) Accessories: All accessories are eligible for return within 30 days of original purchase date with proof of purchase for a full refund to original payment method. All accessories must be returned in like-new condition in original packaging with any associated, decals, stickers, tags still intact.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately three to five (3-5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns, please refer to the Nukeproof US’ Warranty (see Section 6) included with the product or as detailed in the product's description on our Site.
6. Nukeproof US’ Warranty and Disclaimers.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT US.NUKEPROOF.COM OR/AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM MATERIAL AND MANUFACTURING DEFECT. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT AND COVERED IN SECTION 5.
SIGNA SPORTS NORTH AMERICA HOLDING CORP. is located at address 11613 Reading Rd., Cincinnati, OH 45241 (“we”) extend this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product. This limited warranty covers the original purchaser with proof of purchase from defects in material, paint, workmanship and manufacturing of each Product and Product Part for the Warranty Period as defined below:
- Nukeproof Frames = 5 Years (2016 Model Frames – Current Frames, excluding Downhill products)
- Nukeproof Frames = 2 Years (Model Frames before 2016)
- Nukeproof Downhill Frames = 2 years
- Nukeproof Components = 2 Years (lifetime on Carbon Handlebars)
- Nukeproof Ti Bearing HZN Headset = 5 years
- Nukeproof Ti Bearing HZN Bottom Bracket = 2 years
- Nukeproof Ridewear and Protection = 1 Year
Transfer of the item from the original purchaser to another person terminates this limited warranty.
This limited warranty does not cover any damage due to:
(a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; (h) improper assembly; or (g) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
Nukeproof Bearings that are unusable due to contamination, misuse, improper, or lack of maintenance are not covered under warranty, even if the defect occurs within a short time from the date of original purchase. Water ingress from power washing will invalidate this warranty. Stripped pedal threads on cranks not covered under warranty, as well.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
7. Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://us.nukeproof.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
12. Dispute Resolution and Binding Arbitration.
YOU AND SIGNA SPORTS NORTH AMERICA HOLDING CORP. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, THESE TERMS AND CONDITIONS AND/OR ANY CONTRACT YOU MAY HAVE WITH US, OUR WEBSITE TERMS OF USE AND OUR PRIVACY POLICY, THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(a) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration fees to AAA. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. (b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SIGNA SPORTS NORTH AMERICA HOLDING CORP. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
(d) The arbitration shall be heard by one arbitrator, chosen by agreement of the parties. If the parties fail to agree on an arbitrator within 30 days of the commencement of the arbitration, the arbitrator selection mechanism in the AAA Rules shall apply. The arbitrator shall have the power to rule on his / her own jurisdiction and authority, including any objection to the initial or continuing existence, validity, effectiveness or scope of this agreement to arbitrate. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The place of arbitration shall be Salt Lake City, Utah unless the parties agree in writing to a different location. Regardless of where the arbitration proceeding actually takes place, all aspects of the arbitration and the Agreement shall be governed by the provisions of the laws of the State of Utah (except if there is no applicable state law providing for such arbitration, then the Federal Arbitration Act shall apply) and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law or to enforce an award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties to this Agreement.
The parties to this Agreement acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery and to appeal an adverse decision. The parties acknowledge that they have read and understand this arbitration provision, and that they voluntarily agree to binding arbitration.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SIGNA SPORTS NORTH AMERICA HOLDING CORP..
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to [FAX NUMBER]; or (ii) by personal delivery, overnight courier, or registered or certified mail to SIGNA SPORTS NORTH AMERICA HOLDING CORP., 11613 Reading Rd, Cincinnati, OH 45241. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Updated: November 3, 2022