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Mack Cycle & Fitness Terms and Conditions
Acceptance of Mack Cycle & Fitness™ Terms and Conditions
These MACK CYCLE & FITNESS™ Terms and Conditions are entered into by and between you (the customer) and MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS ("MACK CYCLE & FITNESS or “our”). These terms and conditions, along with any documents expressly incorporated herein by reference (collectively, "Terms and Conditions"), govern your use of our MACK CYCLE & FITNESS website and retail services.
Please read these Terms and Conditions carefully before you start to use the MACK CYCLE & FITNESS website. By using the MACK CYCLE & FITNESS website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not use the MACK CYCLE & FITNESS website (https://mackcycle.com/) to finalize your online order for bicycle gear and services.
The MACK CYCLE & FITNESS website ( https://mackcycle.com/ ) offers goods and services for purchase to users who are 18 years of age or older. By using the MACK CYCLE & FITNESS website, you represent and warrant that you are of legal age to form a binding contract with MACK CYCLE & FITNESS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the MACK CYCLE & FITNESS website (https://mackcycle.com/ ).
Changes to Terms and Conditions
MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS may revise and update these Terms and Conditions from time to time in our sole discretion. All changes and edits to the website ( MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS ) are effective immediately when MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS posts them.
Your continued use of the MACK CYCLE & FITNESS website (https://mackcycle.com/) following the publishing of revised Terms and Conditions means that you (the customer) accept and agree to the changes of the Mack Cycle & Fitness Terms and Conditions. You are expected to check this Terms and Conditions page from time to time so you are aware of any changes, as they are binding upon you.
Mack Cycle Shipping Policy
Use of the MACK CYCLE & FITNESS™ website (https://mackcycle.com/) to purchase retail bicycle gear and sports and outdoors gear is for store pickup in our Miami store or for shipping to your address that you entered in the checkout section of the website. MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS does utilize risk management software that verifies billing and shipping addresses entered by the customer. If this risk management software deems a billing or shipping address as high risk, MACK’S CYCLE SHOP, INC. d/b/a MACK CYCLE & FITNESS reserves the right to cancel and refund an order before shipping.
When you submit your order on the MACK CYCLE & FITNESS™ website (https://mackcycle.com/), MACK CYCLE & FITNESS™ does ship the order using the most economical method available with our main carriers (UPS, Fedex, USPS, and DHL). By agreeing to the Terms and Conditions, you (the customer) are authorizing MACK CYCLE & FITNESS™ to ship with our main carriers.
Due to varying costs of shipping a wide variety of items, Mack Cycle & Fitness has different shipping rates for different items. Smaller kid bikes will have a lower shipping cost than bigger adult bikes. The shipping cost is shown in the shopping cart after you (the customer) click and check the box showing “I agree with Terms & Conditions” in the Shopping Cart. Once you check this box, you can enter your state and zip code and click the Calculate Shipping button and the costs of the shipping options will appear below the Calculate Shipping button.
Some brands like Specialized do not permit bikes to be shipped. As a result, if you have a Specialized bike or a bike for a brand that does not permit shipping, the verbiage “StorePickup-ShippingNotPermitted…” will appear when you click on the Calculate shipping button.
Each retail order placed with MACK CYCLE & FITNESS comes with a $100 of loss/damage standard insurance included. Included in the shipping price for items on the website is a cost of insurance. If you purchase a bike for $1,000 and the shipping cost is $150, assuming no tax on the order, the total order price would be $1,150. Mack Cycle will purchase $1,000 of insurance in this example to cover the cost of insuring the bike with Fedex or UPS and in the event of damage to the package, Mack Cycle & Fitness would file a claim for you (the customer).
Claims of Loss or Damage
MACK CYCLE & FITNESS provides protection from damages or losses when your shipment is in the possession of our partner carriers. If your shipment is lost or damaged accidentally by one of our partner carriers, please contact MACK CYCLE & FITNESS, and not the carrier, to begin the claims process.
Any claims submitted by you (the customer) to MACK CYCLE & FITNESS will be reviewed and considered on a case-by-case basis. During the claims process, MACK CYCLE & FITNESS will determine whether the claimed loss or damage is repairable or requires replacement. The insurance that Mack Cycle & Fitness purchases for each shipment covers the actual cost of repairing or replacing the good with a comparable replacement (make, model year, item function, etc.)
All claims must be submitted to MACK CYCLE & FITNESS in writing (mailed to Mack Cycle & Fitness, 5995 Sunset Drive, Miami, FL 33143) or via email to firstname.lastname@example.org within ten (10) days of delivery of your shipment.
Claims that are written and mailed or emailed must include written and photographic documentation including, but not limited to, all of the following:
● A written description of any and all damage to the bike gear, equipment, or outdoor sport gear and equipment.
● A description of the damaged items themselves, including make, model, year, and/or serial numbers.
● Photos of the damage to the Bike gear, equipment, or outdoor sport gear and equipment.
● Photos of all sides of the box that Mack Cycle & Fitness used to ship the damaged goods.
All supporting documentation must be submitted to MACK CYCLE & FITNESS within thirty (30) days of the date the initial claim is filed by you with MACK CYCLE & FITNESS. Failure to provide all requested information within these timeframes will result in denial of the claim.
MACK CYCLE & FITNESS reserves the right to inspect any damaged items including, but not limited to, bicycle frames, components, or other goods, either via physical inspection on site at the recipient’s premises, or by having the items shipped to MACK CYCLE & FITNESS in Miami. Any items shipped for physical inspection will be sent under the same terms and conditions of the original shipment, including any declared value. MACK CYCLE & FITNESS will cover the additional reasonable costs of shipping an item for inspection. Any items used in the initial shipment, including boxes, cases, packing materials, and shipping labels should be kept, and must be made available for inspection, when requested.
Return of Merchandise in New and Un-Used Condition
You (the customer) have 30 days to return purchased items from Mack Cycle & Fitness in new and un-used condition. The items returned must be sent to:
Mack Cycle & Fitness
Attn: Online Sales
5995 Sunset Drive
Miami, FL 33143
You (the customer) must return the item(s) with a copy of the invoice or order confirmation and with the original packaging, original tags, etc. The cost of returning the item(s) in new and un-used condition is the responsibility of the customer. If Mack Cycle & Fitness provides the customer with a pre-paid return shipping label, the cost of the label will be deducted from the refund amount of the goods returned. For example, if cycling apparel purchased for $200 is returned by the customer in new and un-used condition and Mack Cycle & Fitness provided the customer with a UPS return label that cost $20, $180 would be refunded. If the customer purchased the return label without the assistance of Mack Cycle & Fitness, the amount of $200 would be refunded in this example.
Disclaimer of Warranties
Limitation of Liability
To the fullest extent provided by law, in no event will Mack Cycle & Fitness, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Mack Cycle & Fitness retail goods, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Our (Mack Cycle & Fitness) total liability under these terms and conditions relating to all claims that you make pursuant to these terms and conditions shall not exceed the actual market value of the bike gear, equipment, or outdoor sport gear and equipment, as determined by Mack Cycle & Fitness in its sole discretion.
Governing Law and Jurisdiction
All matters relating to the MACK CYCLE & FITNESS website (https://mackcycle.com/ ) and these Terms and Conditions, and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the MACK CYCLE & FITNESS website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The MACK CYCLE & FITNESS Promise
MACK CYCLE & FITNESS does strive to ship items ordered on the website within 1 to 2 business days. If an item is out of stock or delayed, MACK CYCLE & FITNESS will notify the customer to offer an alternative or to provide an ETA for re-stocking and shipping in the future.
When transit times are quoted, the day a package is dropped off or picked up by the third-party carrier does not count as a “day in transit”, nor do weekend dates or holidays. For example, if a shipment is quoted to take 4 business days, and the order is placed on Friday the 5th by package is dropped off or picked up on Friday the 5th, it would be scheduled to arrive on Thursday the 11th.
The MACK CYCLE & FITNESS Promise does not apply in situations where:
● The delivery is attempted on schedule, but refused, or unsuccessful for any reason outside the partner carrier’s control. This includes if the delivery address requires a correction after the shipment is tendered.
● There is a disruption with our partner carrier, in their sole discretion:
○ Including if your bike is shipped during a period of no delivery guarantees, which often happens around the holidays.
○ There is a service interruption caused by natural disasters, weather, acts of war, terrorism, acts of god, pandemics or other serious communicable illness, or states of emergency.
MACK CYCLE & FITNESS will do everything possible to accommodate any re-routes or changes in delivery addresses after a package has been shipped.
In general, to eliminate or minimize identity theft or credit card theft, Mack Cycle & Fitness reserves the right to only re-route a package to a carrier’s holding facility (i.e. Fedex or UPS) and the carrier will be instructed to check valid photo i.d. (i.e. a driver’s license) to ensure that the name and address on the license match the name and address provided for billing purposes on the website order.
There is no guarantee that a reroute or change of service is possible, and any changes, address updates, reroutes, returns, or expediting of any shipment are at the sole discretion of the partner carrier.
If a shipment requires a minor change in address (within the same City and State), you will be charged a fee of $30. If a shipment requires a change in address to a different City and State, you will be charged a fee of $30, plus any additional charges, fees, or costs levied by the partner carrier. If a shipment requires a return to the original address (i.e. “return to sender”), you will be charged a charge fee of $30, plus any additional charges, fees, or costs levied by the partner carrier.
Any reroute or return shipping costs are your responsibility. You acknowledge and agree that these charges may be applied to the original form of payment used when creating the shipment.
Refunds will be processed back to the original payment method used to create the shipment. Refunds issued to a credit or bank card may take up to 7-10 business days to process.
The Terms and Conditions, and any other documents incorporated herein by reference, constitute the sole and entire agreement between you and MACK CYCLE & FITNESS regarding the MACK CYCLE & FITNESS website (https://mackcycle.com/ ) supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the MACK CYCLE & FITNESS website.