Nutzungsbedingungen
TERMS AND CONDITIONS EFFECTIVE FROM 1 NOVEMBER 2023:
Howdy and welcome to PUNK RIDE! Before you use or get anything from our website, read these Terms of Service real careful. They've got important info, including things about limits on liability and how we settle disagreements through arbitration instead of going to court.
By using or getting stuff from the Service (explained below), you're agreeing to follow these Terms and Conditions, our Privacy Policy, Terms and Conditions, Return Policy, Warranty Policy, and any other legal terms or policies you might see on the Website (we call all these "Legal Terms"). If you don't agree with all these Legal Terms, then please don't use the Service. Remember to check this page now and then because these rules stick to you.
We might tweak, change, or add to these Legal Terms anytime by updating this post. Unless we say otherwise, all changes start right away when we post the updated Legal Terms. They apply to everyone using the Service after that. If you keep using the Service after we post a notice or make changes, that means you're cool with the new rules. Your use of the Service follows the Legal Terms that are in play when you use it.
1. DEFINITIONS:
In this paper, words that start with a big letter have special meanings explained in this section, at the beginning, and in other parts of the paper.
- “Content”: This is the stuff like text, documents, info, images, videos, sounds, and other things you find on the Service.
- “PUNK RIDE”, “we”, “us” or “our”: These words mean PUNK RIDE LLC.
- “Marks”: This is about things like trademarks, service marks, logos, and other symbols.
- “Service”: This covers the Website, Content, and anything else like the ability to post comments or ask questions, all brought to you by PUNK RIDE.
- “User” or “Users” or “you” or “your”: This is talking about folks like you who visit or use the Website.
- “Website”: The Website is where you find us, at https://www.PUNKRIDE.com.
2. GENERAL TERMS:
2.1 Condition of Use:
- You're At Least 18: You need to be at least 18 years old to use the Service.
- Legal Authority: You confirm that you have the legal authority to create a binding obligation.
- Follow the Rules: You'll use the Service as per these Terms of Service and follow applicable laws.
- Truthful Information: Any info you give the Service will be true, accurate, current, and complete.
- PUNK RIDE Account: If you have a PUNK RIDE account, you'll keep it safe and be responsible for any use of your account by you or anyone else.
2.2 Modifications to the Service:
- Changes by PUNK RIDE: PUNK RIDE can change or stop the Service whenever without telling you beforehand. We're not responsible if the Service is unavailable for any reason.
2.3 Account Registration:
- No Identifying Info: You can use the Service without giving us info that personally identifies you. If you register, make sure the info you provide is correct, current, and complete.
2.4 Online Purchase and Terms of Sale:
- Buying Stuff: The Website lets you buy our products or services. Check out our Terms of Sale, Returns and Refunds Policy, and Warranty Policy for details. These are part of these Terms of Service.
- Sales Terms Examples: We can limit sales, refuse orders, cancel orders, limit quantities, and discontinue products. Descriptions, prices, and other info can change, and we can correct errors without telling you first.
2.5 Errors, Inaccuracies, and Omissions:
- Mistakes Happen: The Website might have errors or mistakes. We can fix them, update info, or cancel orders without notice.
2.6 Accuracy of Billing and Account Information:
- Keep Info Updated: You'll give accurate billing and account info and update it promptly so we can complete your transactions.
2.7 Termination:
- Free Service: The Service is free. PUNK RIDE can stop part or all of the Service or your access to it anytime.
- Survival of Terms: Even if things end, some terms like disclaimers, liability limits, and the law sections still apply.
3. PRIVACY AND ACCOUNT SECURITY:
3.1 Privacy:
- Check Privacy Policy: The Privacy Policy explains how we handle your personal info. Your use of the Service follows the Privacy Policy.
3.2 Account Security:
- Keep Info Confidential: If you get a username, password, or any account info, keep it private. Don't share it with others. Your account is just for you, so don't let others use it. Be careful when using public or shared computers to avoid others seeing or recording your info.
- Report Issues: Tell us ASAP if there's unauthorized access to your account or a security breach. You're responsible for any activity under your username/password unless you've already told us about the problem.
4. PROHIBITED USES:
- Follow the Law: Use the Website for lawful purposes and as per these Terms of Service.
- Don't Do These Things:
- Break laws or regulations.
- Encourage unlawful acts.
- Harm minors or expose them to inappropriate content.
- Harass, abuse, insult, or discriminate against others.
- Use it for obscene or immoral purposes.
- Infringe on PUNK RIDE’s or others' intellectual property rights.
- Provide false information.
- Send spam or unwanted solicitations.
- More Don'ts:
- Don't mess with the Service's functionality.
- Don't use any automated means (like robots or spiders) to access or copy the Website without our okay.
- Don't introduce viruses or harmful tech stuff.
- Don't try to gain unauthorized access, interfere with, damage, or disrupt the Website or related servers and databases.
- Don't launch a denial-of-service attack on the Website.
Remember, follow the rules, and use the Service responsibly.
5. DEPOSIT OF CONTENT ON THE SITE:
5.1 Content Submission:
- What's Content: Users can share different things on the Website like text, comments, pictures, videos, and more. This is called “Content.”
5.2 User Responsibility:
- User's Duty: Users are responsible for their actions and computers. If they think someone unauthorized knows their nickname or email, they must tell the site right away. The Site isn't responsible for unauthorized use of a user's data.
5.3 Personal Use Only:
- Non-Commercial Use: The Website is for personal use only. Users can't use it for commercial purposes or business.
6. INTELLECTUAL PROPERTY RIGHTS:
6.1 Ownership Rights:
- PUNK RIDE Ownership: PUNK RIDE and its licensors own all the rights in the Service under copyright, trademark, patent, and other intellectual property laws.
6.2 License:
- Limited License: Users get a limited, non-commercial license to use the Service for personal use. PUNK RIDE keeps all other rights.
- Don't Do This: Users can't reproduce, distribute, modify, create derivative works, publicly display, or republish any part of the Service. Don't mess with the copyright and trademark notices.
6.3 Trademarks:
- Trademark Use: Users can't use the Marks displayed on the Service without PUNK RIDE's written permission. Other trademarks on the Website belong to their respective owners.
6.4 Copyright Infringement:
- User Content Ownership: Users own the content they publish, but by sharing it on the Site, they grant PUNK RIDE certain rights to use it for specific purposes, including potential commercial use.
- Submission Policy: PUNK RIDE doesn't accept unsolicited submissions for new products. Any submissions are considered non-proprietary and non-confidential.
Remember, users need to be mindful of what they share and their rights when publishing content on the Website.
7. COMMUNICATIONS BY US:
7.1 Electronic Communications About Your Order:
- Agreement to Electronic Communication: We can communicate with you electronically, sending info about your orders via email, like order confirmation, status, and shipping details.
7.2 Electronic Communications, Agreements, Notices and Disclosures:
- Electronic Agreements: All electronic agreements, notices, disclosures, and communications from us are considered valid and binding. They fulfill any requirement for written communication.
7.3 Commercial Communications:
- Opt-In Communications: We may send commercial emails, newsletters, or new product notices if you've opted in. You can opt-out by using the provided links or adjusting settings in your account.
8. THIRD PARTY LINKS AND THIRD-PARTY WEBSITES:
- Links to Third-Party Websites: The Website may have links to other websites. These sites have their own terms and privacy policies. Read them because they apply when you use those sites. We don't control or take responsibility for content on third-party sites.
- No Responsibility for Third-Party Websites: PUNK RIDE is not responsible for any damage or issues related to content on third-party websites linked to our Service. Use them at your own risk.
9. DISCLAIMER OF WARRANTIES:
- Use at Your Own Risk: Your use of the Service is at your own risk.
- “As Is” Basis: The Service and any items obtained through the Website are provided “as is” and “as available,” without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
- No Guarantees: PUNK RIDE and its associates do not guarantee that the Service or items obtained through it will be accurate, complete, reliable, available, secure, error-free, or uninterrupted. There is no assurance that it will be free of viruses or other harmful components.
- Disclaimer Scope: Some states may not allow the limitation of implied warranties, so some disclaimers, exclusions, or limitations may not apply.
10. LIMITATION OF LIABILITIES:
- No Liability for Technological Issues: PUNK RIDE and their employees, agents, officers, or directors are not liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other harmful material resulting from your use or downloading of the Service or items obtained through it.
- Limitation of Liability Scope: Some states may not allow the exclusion or limitation of certain damages, so some disclaimers, exclusions, or limitations may not apply.
- Maximum Liability: In states where applicable law allows, PUNK RIDE total liability for your access to and use of the Website, and any resulting loss or damage, shall not exceed $50.00 (U.S. Dollars).
11. INDEMNIFICATION:
- Your Responsibility: You agree to defend, indemnify, and hold harmless PUNK RIDE, and their respective employees, agents, officers, and directors from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising from your violation of these Legal Terms or your use of the Site.
12. FORCE MAJEURE:
- Limitation of Liability: PUNK RIDE is not liable for any delay or failure in performance due to acts beyond its control, such as acts of nature, Internet failures, equipment failures, strikes, war, governmental actions, and more.
13. MISCELLANEOUS TERMS:
- Governing Law: All matters related to the Service or these Legal Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California.
- Entire Agreement: These Legal Terms, including various policies, constitute the entire agreement between you and PUNK RIDE, superseding all prior agreements, both written and oral.
- Assignment: You may not assign these Legal Terms without PUNK RIDE's consent. PUNK RIDE may freely assign these Terms. The Terms will bind and benefit the parties and their successors.
- Waiver and Severability: PUNK RIDE's failure to enforce any right or provision is not a waiver. If any provision is found invalid, it will be amended to the fullest extent allowed by law without affecting the validity of other provisions.
- Responding to Legal Process: PUNK RIDE may respond to valid Legal Processes and will make reasonable efforts to notify you, where permitted by law. PUNK RIDE is not responsible for any losses resulting from complying with the Legal Process.
- Section Titles and Numbering: Section titles and numbering are for convenience and have no legal significance.
14. HOW TO CONTACT US:
- Operation Details: This Website is operated by PUNK RIDE / Trading as Punk Ride.
- Communication Channels: All communications, including feedback, comments, questions, complaints, service requests, and support requests related to the Service and items on the Website, should be directed through the “Contact us” page on the checkout.
- Payment Information: Payment is accepted through major credit and debit cards. Your card will be charged the full payment when the first item of your order is picked up in the warehouse. If a product becomes unavailable, you'll be notified, and you can choose to cancel the entire order or receive a partial refund.
- Payment Transaction Process: During the payment process, the card issuer reserves the order amount before picking the first item. Even for a single-item order, it may initially appear as a charge, but funds will be released if the order is canceled.
- Card Issuer Validation: Online payment transactions are subject to validation checks by your card issuer. PUNK RIDE is not responsible if your card issuer declines payment or charges additional fees.
15. PAYMENT CARD PROCESSING:
- Third-Party Processing: Purchases made through payment cards are processed by a third party. PUNK RIDE is not responsible for any errors or incidents caused by or attributed to the payment card processor.
16. TAXES:
- Tax Responsibility: You are responsible for paying any taxes applicable to the sale and/or delivery of the product. Taxes will be calculated and communicated at the time of placing an order and are charged along with the purchase price.
17. SHIPPING AND DELIVERY:
- Shipping Costs: The shipping and delivery costs are dependent on your selected shipping options and the provided shipping address. These costs will be clearly indicated during the order placement.
- Scheduled Shipment Dates: Acknowledge that all scheduled shipment dates are estimates. While PUNK RIDE will make reasonable efforts to meet these dates, they are not liable for any loss, damage, or penalty resulting from shipment or delivery delays.
- Title and Risk: Title and risk of loss transfer to you upon PUNK RIDE's delivery of products to the courier/carrier.
18. INCORRECT DELIVERY ADDRESS:
- Address Accuracy: You must provide a complete and accurate delivery address. PUNK RIDE may charge extra shipping costs for multiple attempted deliveries or re-routing due to an inaccurate address.
19. CANCELLATION:
- No Cancellations: Orders cannot be canceled after placement. If you wish to return a product, follow the Return Policy outlined in these Terms of Sale.
20. RETURN AND REFUND:
- Return Policy: The Return Policy is an integral part of these Terms of Sale. Follow the Return Policy guidelines for product returns.
21. LIMITED PRODUCT WARRANTY:
- Warranty Policy: The Limited Product Warranty, detailed in the Warranty Policy, is an integral part of these Terms of Sale. Refer to the Warranty Policy for information on product warranties.
22. RESALE:
- Authorised Use: Purchases through the Website are for end-users only and are not authorised for resale, except as second-hand or used equipment. If you choose to resale the product to another person, the Warranty Policy will not be applicable.
HOW TO CONTACT US:
If you have any questions regarding these Terms of Sale, a product, or an order, you can reach out to us using the contact details provided below:
- Company: Punk Ride LLC
- Company Number: L23000444135
- Address: 12212 Stone Lake Ranch Blvd, Thonotosassa Florida 33592, United States
- Email: customerservice@punkride.com
- Business Hour : Monday to Friday from 9am to 6pm