Terms and Conditions
Acceptance of the conditions
The term “you” applies to the user of the Site and the confirmation of an Order on the Site (as such terms are hereinafter defined).
The present general conditions of sale are applicable to all the orders placed on Bicycles McW Inc. (“MCW”)’s internet website www.bicyclesmcw.com (the “Site”). Your use of the Site and confirmation of your order for a product offered on the Site (an “Order”) implies your express acceptance of these general conditions of sale. The present general conditions of sale govern the contractual relationship between MCW and you, which you accept without reserve. These general conditions of sale will prevail over any other conditions appearing in any other document, except as otherwise expressly confirmed in writing by MCW and you. MCW reserves the right to modify the present general conditions of sale from time to time, at its sole discretion.
An Order is effective as of receipt by MCW of payment. When you save your Order you are considered to have read, understood and accepted the present General Terms and Conditions without restriction as well as the prices, volumes and quantities of the products offered for sale and ordered by you.
Once you have chosen your method of payment, you must pay for your order, which legally finalises the purchase agreement made with MCW. MCW reserves the right to cancel any order made by a customer with whom there exists a legal dispute relating to the payment of a past order.
The product prices are indicated in $CAN before applicable taxes and are the prices valid at the time of the placement of the Order. The product prices do not include shipping and handling costs, which will be charged in addition to the price of the products ordered.
The amount of shipping and handling costs charged are determined at the sole discretion of MCW.
The product prices can be modified by MCW at any time. The price indicated in the confirmation of an Order is the definitive price. In-store prices may differ from prices indicated on the Site.
The Site will attempt to provide accurate pictures of the products presented, however this cannot be guaranteed. Photographs, texts, styles of drawing, and technical data are given for information purposes but do not represent binding contractual obligations between MCW and you.
Your Order will be processed no later than 5 (five) business days following the day the Order was confirmed and paid for on the Site. In case of unavailability of the product ordered, including due to our suppliers’ stock shortage, you will be informed as soon as possible and you will be able to cancel the Order. You will then have the option of requesting either a refund of amounts paid within 30 (thirty) days of their payment, or choosing another product (subject to payment/reimbursement of the price difference, as the case may be).
MCW shall not be responsible in case of delay in delivery. No shipments will be initiated between Friday afternoon and Sunday evening, as well as Canadian Statutory Holidays. Ownership of and risk to the goods is transferred from MCW to you when goods are received by the carrier. Goods travel at your own risk. You must check the state of the package when delivered, and you must report any damages to the carrier on the delivery sheet as well as to MCW within 5 (five) business days from receipt.
You have the right to return at your expense the product you ordered within 14 (fourteen) days from date of receipt. The products must be returned to MCW in perfect condition for reselling, in their original condition, appropriately sealed in its original packaging and accompanied by the invoice for the Order. Any incomplete, used or damaged product and any product with damaged original packaging can neither be refunded nor exchanged. If you use and comply with this right of return, a refund will be payable within 30 (thirty) days.
Please note that the following items cannot be returned:
Items on sale or liquidation;
Custom ordered items (i.e. items not regularly stocked by MCW); and
Bicycle shorts and underwear.
[NOTE: MCW has the sole discretion to accept returns of any non-defective items. A 25% restocking fee shall apply.]
Shipping charges are non-refundable, except if you are returning an item because of an error on our part or if we have determined that the product is defective.
On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. Your credit card will be credited within several days after we receive and verify the condition of the returned merchandise.
MCW will take care of any shipping charges if the customer receives the wrong item or the item is broken upon receipt. The customer is responsible for shipping charges if the item ordered was the wrong one or wishes to exchange it for something else.
If one or more stipulations of the present General Terms and Conditions (or any parts thereof) are invalid by operation of law, or by final order of a court of competent jurisdiction, all other stipulations (or remaining parts thereof) shall remain valid.
The applicable law for the products sold by MCW is the law of the Province of Quebec, Canada. MCW shall not be liable for damages of any kind, whether direct or indirect, material or immaterial, or bodily harm (to the extent limitation of such liability is permitted by applicable law), resulting from its negligence, or from malfunctioning, improperly assembled, abused or misused products. The liability of MCW will be limited, in any case, to the amount of the Order but MCW will not be liable for simple errors or omissions which could arise despite the precautions taken in the presentation, sale and delivery of the products. In case of dispute in the application of the present contract, the parties shall make reasonable efforts, before instituting any legal action, to reach an amicable settlement.
For articles delivered outside Canada, possible taxes and customs duties can be imposed when your parcel reaches its destination. These customs duties and these possible taxes are at your expense and your responsibility. MCW cannot verify or inform you about customs duties and applicable taxes. MCW advises you to inquire with the proper authorities of your country.
Purchasing by minors
For the protection of our shoppers, it is our policy to not sell to minors. If you are under the legal age of majority and wish to purchase from our Site, please have a parent or legal guardian make the purchase for you.
The French version of the present General Terms and Conditions has priority over the English version.