Legal Notices

LEGAL NOTICES

[Terms of Use of the Website]
Effective Date: January 2023

Welcome to https://www.arimavelodrome.com ("Website”).

The Website is owned and operated by Arima Velodrome, (“ARIMA VELODROME” or “we”, “us”, “our”).

PLEASE READ THE FOLLOWING TERMS OF USE OF THE WEBSITE (the “ToU”) CAREFULLY BEFORE USING THE WEBSITE.

These ToU applies to your access to, and use of, the Website, and the services available through the Website (“Services”).

When accessing the Website and using the Services for the first time, you will be asked to agree to these ToU. If you do not agree to be bound by these ToU, you must cease using the Website or the Services .

We reserve the right to amend or update all or part of these ToU from time to time at our discretion. We will always post the most current version of these ToU on the Website and display the “Last Updated” date to reflect the date of the changes. Please consult these ToU from time to time to take notice of any changes we made, as they are binding to you.

Please note that, when visiting the Website for the first time after changes to the ToU have been uploaded, you will be asked to agree to the updated ToU. If you do not agree with the revised ToU, please stop using the Website.

1. Accessing the Website, Registration and Subscription to the Services

1.1. You are responsible for making all the necessary arrangements for you to have access to the Website. You may set-up an account or subscribe on the Website to our Services as available from time to time, using an email address and password (“Account Details”). You are responsible for maintaining the confidentiality and security of your Account Details and accept sole risk for all activities that occur under them (including the activities of persons who access our Website using your Account Details). You agree to notify us if you become aware of, or suspect, any unauthorized use of your Account Details. Any information and details provided by you to us must be accurate, true and up to date in all respects and at all times.

1.2. The Services are generally not intended for persons under the age of majority in your country or for adults under guardianship. If you are under this age, please do not use the Website or register for, or subscribe to, the Services. If we learn that you are under this age (or fraudulently misrepresented your age during the registration or subscription process), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services. We advise parents or guardians of minors or guardians of adults under guardianship using the Website that is important that they communicate with such minors or adults under guardianship, as applicable, about their safety online and potential risks on them.

2. Privacy and Cookie Policies

2.1 Our Privacy Policy governs the use and processing of the personal data we collect from, or provided by, you through the Website. Before uploading or providing any personal data to the Website, please read carefully our Privacy Policy.

2.2 The Website uses cookies to monitor browsing preferences.

3. Use of the Website

3.1 You agree that in using the Website, you will not:

a. provide false or otherwise misleading information or impersonate another person;

b. use anyone else’s account without the permission of the account holder;

c. use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or renders the Website less efficient;

d. circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website;

e. obtain or attempt to obtain any information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information);

f. breach any applicable law;

g. use the Website for any unlawful purpose or in a way which infringes the rights of any third parties;

h. upload, post or otherwise transmit via the Website any content that:

(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise inappropriate;

(ii) constitutes unauthorized disclosure of personal data or confidential information;

(iii) infringes the intellectual property rights of any party;

(iv) contains viruses or other form of malware.

3.2 We reserve the right to cancel your registration or subscription, and/or block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services at any time, without notice and without liability to you, if your use of the Website is in breach of any of your obligations under these ToU, or any other provisions of these ToU, without prejudice to any other remedies available to us under applicable law and under these ToU.

4. Electronic Services

Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone). You agree that we may contact you for Services - related issues - by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.

5. Intellectual Property Rights

5.1 Our Website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and URLs, software (“Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.

5.2 You are permitted to download and print Content from the Website for your personal use but are not allowed to use such Content for any commercial or business purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the Website Content or create derivative works of any of the Website Content for any purpose, unless authorized to do so in writing by us or our licensors.

5.3 Any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.

6. Submitted Materials

6.1. We appreciate hearing from you. You acknowledge and agree that any suggestion, proposal, creative ideas, concepts, photos, text or any other contents and materials (with the exception of personal information) uploaded or sent to us through this Website or otherwise (“Submitted Materials”) will be considered non confidential and non-proprietary. You retain all of your ownership rights in the Submitted Materials, but by uploading Submitted Materials, unless otherwise explicitly stated by you, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties any such Submitted Materials, or any part thereof, in any form and media now known or which shall become known in the future for any purpose, including advertising, promotional or products development or other commercial purposes, and for the duration of protection of such Submitted Materials.

6.2. Whenever you upload content or Submitted Materials to our Website, or make contact with other users of our Website, you must comply with the “Use of the Website” provisions set out above in Section 3.1.

6.3. You are fully responsible for the content or accuracy of any Submitted Material or any postings you make.

6.4. We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, for any or no reasons, including if such Submitted Materials or postings, in our judgment, violate these ToU and in particular do not comply with the “Use of the Website” provisions set out above in Section 3.1.

7. Links

Links to Third Party Sites

7.1 The Website may include links to third-parties’ websites (“Linked Sites”). We have no control over such Linked Sites and will not be responsible or liable for the availability of the Linked Sites or for their content.

7.2 These links are provided solely for your convenience to provide further information and the inclusion of such links does not constitute, and should not be interpreted as, in any way, an endorsement by us of such Linked Sites or their contents, products or services, their privacy and security practices or the manner in which they conduct their operations. If you choose to access Linked Sites, you do this at your own risk. Your use of Linked Sites is subject to the terms and conditions of the third parties operating and providing them. Any question or comment related to these Linked Sites must be addressed to the relevant operators.

Links to our Website

7.3 You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.

8. EXCLUSION OF WARRANTIES

8.1 THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALTHOUGH WE MAKE ALL REASONABLE EFFORTS TO ENSURE THAT THE WEBSITE IS ACCESSIBLE AT ALL TIMES (EXCEPT DURING MAINTENANCE) AND SECURE WE EXCLUDE, ALL WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, TO THE EXTENT PERMITTED BY LAW. BY WAY OF EXAMPLE, WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.

8.2 WE WORK TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION (INCLUDING THE CONTENT) OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND WE MAKE NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. WE RESERVE THE RIGHT TO UPDATE AND/OR CORRECT THE INFORMATION, CONTENT OR THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

9. LIMITATION OF LIABILITY

9.1 WE ACCEPT LIABILITY TO YOU FOR DIRECT LOSSES AND DAMAGES CAUSED BY OUR BREACH OF OUR OBLIGATIONS UNDER THESE TOU. SUBJECT TO SECTION 9.3 BELOW, OUR AGGREGATE LIABILITY UNDER THESE TOU SHALL IN NO EVENT EXCEED THE PRICE OF THE PRODUCT PURCHASED BY YOU ON THE WEBSITE.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO UNDERTAKE THAT YOU WILL NOT CLAIM ANY POSSIBLE COMPENSATION FROM US, OUR LICENSORS, SERVICE PROVIDERS, DISTRIBUTORS, MANAGERS OR DIRECTORS IN ANY FORM, INCLUDING BUT NOT LIMITED TO:

(i) LOSSES AND DAMAGES NOT CAUSED BY OUR BREACH;

(ii) INDIRECT LOSSES AND DAMAGES;

(iii) LOSSES OR DAMAGES ARISING OUT OR RESULTING FROM THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT, ANY LINKED SITE OR THE INABILITY TO USE THE SAME, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION AND TRANSMISSION, INTERRUPTION, ERROR, OMISSION, VIRUS OR WEBSITE FAILURE;

(iv) LOSSES OR DAMAGES WHICH YOU MAY INCUR, INCLUDING WITHOUT LIMITATION AS A RESULT OF:

(a) YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS,

(b) ANY RELIANCE PLACED BY YOU ON THE ACCURACY AND COMPLETENESS OF THE WEBSITE, THE CONTENT OR THE SUBMITTED MATERIAL, OR

(d) ANY TEMPORARY INTERRUPTION OR PERMANENT CESSATION IN THE PROVISION OF THE SERVICES AND CONTENT;

(v) FAILURE TO MEET ANY OF OUR OBLIGATIONS UNDER THESE TOU WHERE SUCH FAILURE IS DUE TO A FORCE MAJEURE EVENT OR AN EVENT OUTSIDE OF OUR REASONABLE CONTROL.

9.3 NOTHING IN THESE TOU LIMITS OR EXCLUDES OUR LIABILITY FOR (I) DEATH AND PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FOR FRAUD, FRAUDULENT MISREPRESENTATION AND GROSS NEGLIGENCE OR (III) FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

9.4 AS THE SERVICES ARE PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA, AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICES AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE.

10. Disclaimer

To the extent permitted by applicable law, you agree to compensate us, our subsidiaries and affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these ToU using this Website and its Services, and/or your breach of these ToU, and/or any breach or your representation and warranties under these ToU, including reasonable attorney’s fees and/or any liability to third parties caused by Submitted Materials during Services’ transmission.

11. Governing Law and Jurisdiction

11.1 These ToU and any matter relating to your access to, or use of, the Website shall be governed by and will be interpreted in accordance with the laws of New York.

11.2 You and we agree to submit any dispute arising out of, or relating to, these ToU including the validity, interpretation, breach or termination thereof, to the jurisdiction of the relevant courts in New York.

12. Contact us

You may also go to the Contact page on the Website to leave a web message and we will reply to you via email.

[General Terms and Conditions of Sale]
Effective Date: January 2023

1. General Provisions

1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which ARIMA VELODROME (“ARIMA VELODROME”, “we”, “us”, “our”), sells, and a consumer (“you”) purchases, ARIMA VELODROME products (“Products”) through the website https://arimavelodrome.com (“Website”).

1.2. These General Terms will apply to any contract for the sale of Products by ARIMA VELODROME to you through the Website (“Contract”).

1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.

1.4. You will be asked to agree to these General Terms and to the Terms of Use of the Website (“ToU”) before placing an order. We therefore advise you to read these documents carefully, and in particular these General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to these General Terms, the ToU, and our Privacy Policy, you will not be able to order any Products from the Website.

1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. Any amendments or updates we make to these General Terms will apply to any future orders you place with us when ordering Products. We will always post the most current version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes.

1.6. These General Terms should be read alongside, and are in addition to, our Privacy Policy at https://arimavelodrome.com/pages/privacy-policy which tells you how we use your personal data.

2. Products Information and Availability

2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.

2.2. The Products available on the Website are usually a selection of items normally available in stores. However certain Products may be available exclusively online through the Website, and others may not be available, or legally sold, online. Also, some Products may not be shipped to your country.

2.3. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of our Products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you should rely exclusively on the description of the Products and their characteristics as mentioned on the Website.

2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by or under the same account, the same payment method and/or orders that use the same billing and/or shipping address. You cannot purchase more than two (2) identical Products per order. The maximum number of items per order is ten (10).

2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the ordered Products.

2.6. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.

3. Prices

3.1. Prices of Products are indicated on the Website in Dollar and do not include any applicable sales taxes or other taxes, which shall be added to the price of the Products, together with delivery charges, if any, and will be communicated to you during the checkout process before you confirm your order.

3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.

3.3. We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Acceptance.

4. Formation of the Contract – Placing an order

4.1. The information about the Products and their prices that is displayed on the Website does not represent an offer by us.

4.2. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address), (iii) select your payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) place your order through the Website (following the relevant instructions on screen).

4.3. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.

4.4. Your order constitutes an offer to purchase from us the selected Products, under these General Terms. By placing an order, you agree to pay the price of the ordered Products.

4.5. All orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. We may choose not to accept your order, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:

(i) The Products are not available; or

(ii) You do not comply with the eligibility conditions set out in Section 1.3; or

(iii) You have ordered too many Products (see Section 2.4); or

(iv) We are unable to obtain authorization for your payment; or

(v) There is an error in the price displayed; or

(vi) Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or

(vii) The delivery address provided by you is not a valid address; or

(viii) You have not fulfilled your obligations deriving from a prior contract entered into with us.

4.6. The Contract between us and you will only be formed when you receive from us an email notification confirming shipment of your order (" Order Acceptance"). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account - My Order” section of the Website.

4.7. In case of unavailability of one or more ordered Products, we will contact you and inform you of such unavailability. The order will be partially cancelled and you shall pay only the price of the available Product(s).

4.8. The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, confirmation of the price and the shipping address.

4.9. Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.

4.10. From time to time we may invite you to pre-order certain selected Products on the Website before they are available to purchase from the stores or the Website (“Pre-Order Products”). The thirty (30) days delivery term set out in Section 6.4 will not apply to Pre-Order Products. An estimated delivery date for the Pre-Order Products will be communicated to you when we confirm your order.

5. Payment

5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g. additional costs for personalized Products), if applicable, and the associated delivery charges, if any.

5.2. We accept payments made in the currency specified for the country of the shipping destination with the payment methods proposed to you before you confirm your order.

5.3. We will not debit the amount of your order until:

(i) we have confirmed availability of the Products;

(ii) we have sent you the Order Acceptance;

(iii) we have received authorization to debit your card from the card issuer or your PayPal account, if applicable;

(iv) your debit/credit card data or your Paypal account, if applicable, has been verified.

5.4. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.

5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.

5.6. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.

5.7. Please note that for Pre-Order Products, payment is not processed at the time of the reservation of the Pre-Order Product but when the Pre-Order Product is available.

6. Shipping, Delivery and Collection

6.1. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered either to the address indicated by you in the order form or to one of our stores offering a pick-up in store service in the shipping country, as selected by you (“Selected Store”). We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.

6.2. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.

6.3. We will take all reasonable steps to deliver the purchased Products or make them available for collection at your Selected Store within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to specify a date for delivery and, if this cannot be met, you may cancel the Contract and we shall refund you all sums paid under the Contract within fourteen (14) days from the date you cancel the Contract.

6.4. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:

(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;

(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;

(iii) sign the delivery note; and

(iv) if requested by the Courier, show your ID.

Any damages to the packages and/or the Products or discrepancies in the number of packages or documentation must be immediately mentioned in writing on the Courier’s delivery note. To the extent permitted under applicable laws, once you’ve signed the Courier’s delivery note, you may no longer make a claim with respect to damages to packages or discrepancies in the number of packages.

6.5. You can track the status of your shipment by clicking on the link included in the Order Acceptance.

6.6. If you have opted to collect the Products at your Selected Store, you will have a limited period of time indicated to you by email, to collect them. In order to collect the Products in store you will need to show your Order Acceptance and a personal identification. If you (or a person designated by you to collect the Products) fail to collect the Products within this time-frame, we will be entitled to cancel the Contract and refund the price of the Products to you.

6B. PASSPORT (INTERNATIONAL Shipping, Delivery and Collection)

Schedule 1. Terms and Conditions

1. You are shopping on a merchant’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

(i) a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
(ii) a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
(iii) a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

(B) In relation to the transport of a Product or Products to an address:

(i) in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
(ii) in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.

7. Risk and Title

7.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you or such person designated by you from your Selected Store.

7.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.

8. Right of withdrawal/cancellation and Returns

8.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within fourteen (14) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.

8.2. The right of withdrawal does not apply to orders for personalized Products and for any other Product that you were informed at the time of submitting your order that it could not be returned (in accordance with applicable law) (“Non-returnable Products”).

8.3. To exercise your right of withdrawal, you must inform us of your decision to exercise your right of withdrawal /to cancel the Contract within the period of time mentioned in Section 8.1:

(i) by sending us by email to the following recipient’s email sales@ArimaVelodrome.com:

a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number.

8.4. You must return the purchased Products within fourteen (14) days from the date you notified us of your decision to exercise your right of withdrawal/right to cancel, in accordance with Section 8.3) above, in accordance with the instructions set out in our Return Policy at https://arimavelodrome.com/pages/returns.

8.5. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.

8.6. If a returned Product does not meet the conditions for its return, as listed in Section 8.5 above, we will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date we informed you of the rejection of the returned Products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.

8.7. We will refund you all amounts paid by you, including the delivery charges, if any, (except that, with respect to the delivery charges, the maximum refund, if any, will be the costs of delivery by the least expensive delivery method we offer), within fourteen (14) days from the date we received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. We will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer to the account communicated by you.

9. Exchange of Products

9.1. Without prejudice to your statutory rights according to Articles 8 and 10, and with the exception of Non-returnable Products, we accept exchanges of Products purchased on the Website within fourteen (14) days after the date of delivery, pursuant to the procedure set out in our Returns Policy at https://arimavelodrome.com/pages/returns. We only allow exchange on the same Product (same price/same color) in a different size. If you would like to receive a different Product or the same Product in a different color instead, please return your Product for a refund. Then place a new order online for the Product you would like.

9.2. All exchanges are subject to availability of the new Product requested. Products may be exchanged only once.

9.3. We reserve the right to reject the returned Products and decline exchange if any returned Product for exchange does not meet the conditions set out in Section 8.5.

9.4. Any fees or charges, or other costs whatsoever, incurred as a result of your exercising your right of exchange in accordance with this Article 9, shall be borne by you unless the Products are faulty or defective.

10. Lack of Conformity - Manufacturing Defects

10.1. If you find that a Product sold by us on the Website has defects, is not as described or is incomplete, please contact immediately our Client Services by sending an email to sales@arimavelodrome.com.

10.2. Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not manufacturing defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not manufacturing defects.

10.3. In the event your request the repair, replacement or return of a Product due to defect or due to the Product not being as described or being incomplete pursuant to this Article 10, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.

11. Liability

11.1. Nothing in these General Terms seeks to exclude or limit our liability for:

personal injury or death resulting from our negligence;
fraud or fraudulent misrepresentation;
breach of any obligations implied by applicable consumer protection laws; or
any other cause of action which cannot be limited or excluded under applicable law.

11.2. Subject to the above, our aggregate liability which shall be limited solely to direct damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms. We shall not be liable to you for any indirect damages.

11.3. We are not responsible for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our reasonable control.

12. Guarantee of Authenticity and Intellectual Property Rights

12.1. We guarantee the authenticity of all Products purchased on our Website.

12.2. ARIMA VELODROME trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of ARIMA VELODROME ("company"), and are protected by applicable copyright, trademark, or other intellectual property laws around the world. ARIMA VELODROME reserves all such rights.

13. Promotions and Special Offers

13.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g. start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.

13.2. We reserve the right to (i) end such promotion or special offer early and reject the promotional code prior to you placing your order, and to (ii) refuse to allow you to participate in the promotion or special offer if we have good reason to do so (for example, if we think you are acting fraudulently).

14. Personalized Products

14.1. Please review you personalized text carefully before submitting your order. Once your payment is validated, the personalized text you requested will be reproduced strictly as submitted by you and may not be modified.

14.2. We remind you that the right of withdrawal does not apply for personalized Products, in accordance with Section 8.2.

14.3. Personalized Products shall not include any content that:

infringes anyone's copyright;
infringes any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
breaches any applicable law (including, without limitation, any criminal law) or regulation;
is false, inaccurate, misleading, harmful, offensive, abusive, threatening or defamatory;
misrepresents identity or impersonates any person;
includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person;
contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group or is otherwise inappropriate;
may harass, upset, embarrass, alarm or cause needless annoyance, inconvenience or distress to any person;
gives the impression that it emanates from or has been approved by us;
promotes or assists any unlawful act; or
impacts our brand in a negative way.

15. Applicable Law and Jurisdiction

15.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the state of Florida.

15.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts.

16. Contact us

You may also go to the Contact page on the Website to leave a web message and we will reply to you via email.

17. Notices

Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.