— — TERMS FOR THE DIRTLABS WEB-STORE — —
This website is operated by Dirtlabs. Throughout the site, the terms “we”, “us” and “our” refer to Dirtlabs. Dirtlabs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dirtlabs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dirtlabs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
— — TERMS FOR SERVICE, REPAIRS & THE SHOP — —
Dirtlabs Suspension strives to provide the highest standard of suspension services to maximize your riding experience. In order to better meet these goals we have established terms of service to provide our customers and service partners with clearly defined expectations and responsibilities. These terms of service are effective as of January 1, 2020 and are subject to update at Dirtlabs discretion.
The Short Loop version:
Mountain biking is awesome, but inherently dangerous. It is the riders responsibility to inspect their equipment prior to every ride. Discontinue riding and seek profession service if damage is detected or suspect. Dirtlabs is not responsible or liable for injury, death, damage or miscellaneous expenses resulting from or related to the use of equipment we have serviced. By utilizing Dirtlabs services the customer agrees to the conditions laid out in the Dirtlabs complete terms and conditions.
-At Dirtlabs we make every effort to treat your bike as if it were our own and to take great care of your equipment. However, Dirtlabs is not responsible or liable for equipment other than the suspension items that service is being performed on. For absolute peace of mind please remove equipment from bikes and submit them for service without accessories. Dirtlabs is not liable for the condition, loss, or damage to bikes and accessories left in our care or submitted with suspension items for service.
-Dirtlabs backs all services with a limited warranty. We want you to be stoked and to keep you riding and will do everything we can to ensure the best possible experience for your services with us, however there are limits to what we can accommodate and what our warranty provides coverage for. Please see complete terms for warranty coverage and restrictions.
-Dirtlabs wants your business. In addition to industry leading turn-around time we offer both a trade-in program and a price matching program. As authorized distributor and service center for several manufacturers we are otherwise bound by manufacturer recommended pricing. Please see program guidelines for rules and restrictions
-Dirtlabs wants your service to be as convenient as possible and is happy to hold your items for you to pick up when it is convenient, however we do ask that invoices be paid and equipment be picked up within 30 days. After 30 days additional fees may be applied. If you are unable to pick up your items within 30 days accommodations may be made with prior approval of the service manager on a case-by-case basis. After 90 days equipment is considered abandoned and may be disposed of at Dirtlabs discretion. Please see complete terms for storage and abandonment policy.
Complete Terms and Conditions
By submitting equipment for service the customer, intermediaries and Dirtlabs agree to the following terms and conditions;
Section 1.) Suspension Equipment; Service and Warranty Policy.
- Customers are responsible for and agree to pay applicable inbound and outbound shipping charges, even if the equipment cannot be repaired.
- Dirtlabs Utilizes UPS ground shipping services as the default shipping option.
- Additional shipping options are available at the customers request and may be subject to additional costs
- All shipments generated by Dirtlabs are automatically are insured for $100. Customers may purchase additional shipping insurance coverage at the rate of $1 per $100. Shipping insurance is administered and dispensed by the carrier. Reimbursement of insured items is subject to carrier processing times and policy.
- Dirtlabs is not responsible for items lost in transit.
- Mountain biking is inherently dangerous. It is the rider’s responsibility to maintain and inspect equipment prior to every ride. If damage or abnormal performance is detected discontinue use and seek professional service prior to riding the equipment. Dirtlabs is not responsible for trips missed or other miscellaneous costs incurred by the customer due to inconvenience, injury, death or damage as a result of or related to equipment Dirtlabs has provided service on.
- Dirtlabs strives to minimize your time spent off the bike with industry leading turnaround times. However, our inventory and service schedule constantly fluctuate. Dirtlabs is not responsible for trips missed or other miscellaneous costs incurred due to or as the result of unexpected lead times. Should factors present which cause extended lead time, Dirtlabs will make efforts to communicate updated expected completion estimate. Please plan accordingly and seek service well in advance of planned trips or races for the best possible experience.
- Dirtlabs cares about your bike and will make every effort to treat your equipment as if it were our own. However, we are not responsible for the condition of, loss, or damage to any equipment or accessories left in our care except for the suspension equipment that service is being performed on. Please consider bringing in only the equipment to be serviced removed from the bike.
- Dirtlabs is not responsible for lost accessories submitted with suspension equipment for service. Please remove thru axles, brake mounts, reducer hardware, coil springs, crown races, headset components, fenders, computers, bike packing bags, ect. prior to submitting your equipment for service. If these items are included they may be lost, damaged, or not be returned setup in the way they were submitted.
- Dirtlabs suspension takes full responsibility for all services performed and backs full overhaul fork and shock services with a 90-day or 100 ride hours (whichever comes first) limited warranty against parts failure, defect and labor. Shock air sleeve, fork lower leg and dropper post services are backed by a 30-day or 50 ride hours (whichever comes first) limited warranty against parts failure, defect and labor.
- In the event of a potential warranty Dirtlabs will evaluate the failure and at its sole discretion will repair or replace all parts necessary to restore full function of the equipment in accordance with the policies in section 1-8.
- In the event that a piece of equipment that Dirtlabs has serviced requires warranty attention Dirtlabs will evaluate the failure and remedy the situation. The following policies and procedures apply;
- Dirtlabs will issue an inbound shipping label (‘call tag’) for standard ground shipping for warranty items to be evaluated. Standard ground shipping will be at no cost to the customer if the warranty repair is approved and performed. Additional warranty shipping options are available at the customer’s request, subject to section 1-8-a-i.
- Should a customer request expedited shipping services on an approved warranty repair the customer is responsible for the difference in cost of shipping between standard ground shipping and their selected expedited service.
- If the damage or failure is found to be related to damage not identified and addressed in the initial service the customer will be responsible for the cost of necessary replacement parts, but will not be responsible for labor charges, the cost of oils and greases or the cost of parts which may have been damaged as a result of oversight. The final determination of this liability is at Dirtlabs sole discretion.
- Warranty service items receive priority service scheduling.
- Dirtlabs is not responsible for trips missed or other miscellaneous costs incurred by the customer due to inconvenience, injury, death or damage as a result of the failure of equipment Dirtlabs has serviced within warranty period or beyond.
- Dirtlabs asks that all items requiring warranty service be submitted for warranty evaluation and service to Dirtlabs facility or through the service center through which it was originally submitted. No refund or credit shall be issued if a customer elects to pursue service through a third party service provider on an item covered under Dirtlabs warranty.
- In the event an item covered under warranty cannot be repaired due to no fault of the customer’s or the submitting shop, Dirtlabs will at its sole discretion offer a credit or refund for cost of service of that item. Exceptions apply in cases of factors covered in section 1-8-f-i
- Dirtlabs is not responsible for failure of equipment within warranty period or beyond due to abuse, crash, theft, neglect or as the result of riding conditions exceeding the equipment's intended purpose.
- In the event an item is deemed ineligible for warranty service, the customer will be responsible for any applicable shipping charges. Applicable shipping charges may be waived on a case-by-case basis at Dirtlabs sole discretion.
- In the event that equipment submitted for service is damaged and requires additional parts, the customer will be notified with a request for approval before proceeding (except when a specified parts allowance has been pre-approved.)
- In the event that replacement parts are not available the customer will be given the choice to rebuild the item as is without warranty or guaranty. If a customer elects to rebuild an item “as-is” all fees apply in full, however Dirtlabs will be unable to offer any sort of warranty or guarantee.
- If a customer elects to rebuild “as-is no discount shall be extended based on the inability of Dirtlabs to return an item to full functioning condition unless pre-approved by a service manager prior to the customer notification and service approval.
- In the event of equipment failure, no warranty, refund or service credit shall be issued for any item that the customer had elected to rebuild “as-is”.
- Dirtlabs works closely and maintains relationships with many suspension manufacturers. Dirtlabs will, at no additional cost to the customer, process and submit OEM warranty requests on all items purchased from Dirtlabs while within OEM warranty period. On a case-by-case basis and at its sole discretion Dirtlabs provides original manufacturer warranty (“outside warranty”) processing and submittal for a fee as a convenience to its customers for equipment not purchased from Dirtlabs or outside of OEM warranty. In such cases the following policy apply;
- Customer is responsible for and subject to Dirtlabs handling and shipping fees for warranty submittal and processing to original equipment manufacturers
- Dirtlabs does not have control over the evaluation and rendering of service by original equipment manufacturers. The Customer is responsible for all fees and invoices associated with original equipment manufacturer warranties and services
- Dirtlabs is not responsible for and does not warranty services performed by third parties.
Section 2.) Special Order and Returns Policy
- Dirtlabs does accept returns on all new stock equipment with restrictions. In such cases the following applies;
- All returns are subject to a restocking fee up to %15.
- All suspension equipment returns must be in new, unridden condition in the original, undamaged packaging
- The customer is responsible for providing and paying for their own return shipping
- Refunds must be processed back to the original payment method used
- Dirtlabs is not responsible for and does not have control over the processing of refunds by financial institutions. This may include but is not limited to processing times and fees levied by financial institutions.
- Due to the wide variety of models and specifications of suspension equipment available it is often necessary to special order equipment. In cases of special order the following policy apply.
- All special order items with a cost of $80.00 or greater requires a 50% down payment.
- Special order items may not be returned or refunded. Except in situations specified in the sections below
- Special order items are eligible for return, refund or exchange at no penalty to the customer in the event that Dirtlabs, based on no fault of the customer and having been provided accurate product specifications ordered and supplied the incorrect item.
- Special order items are eligible for return, refund or exchange at no penalty to the customer in the event that the distributor, at no fault of Dirtlabs or the customer, provided an item other than that ordered.
- All cancelled Dirtlabs special orders are subject to a %15 refund and restocking fee. This fee shall be deducted from the down payment to be refunded.
- Cancelled special order fee may be waived at Dirtlabs sole discretion if the special order has not yet been placed with the distributor.
- Refurbished items are not eligible for return or refund except for specific situations outlined below
- At Dirtlabs discretion, items may be returned for credit towards service or another item within 15 business days from the date of purchase. Returned refurbished product must be unridden since date of sale. Restocking fee may apply.
Section 5.) Storage and Abandoned items
All completed service items shall be paid for and picked up or shipped within 30 days from the creation of the final service invoice. Arrangements may be made for return shipping or authorized 3rd party pickup if customer cannot reach Dirtlabs within 30-day period.
Items left at Dirtlabs’ facility beyond 30 days are subject to the policies below;
- After 30 days, a storage fee of 5% of pre-tax invoice total shall be applied.
- After 60 days, a storage fee of 15% of pre-tax invoice total shall be applied.
- After 90 days, equipment with unpaid invoices still at the Dirtlabs facility are considered abandoned and forfeited. Forfeited items become the property of Dirtlabs and may be disposed of at Dirtlabs sole discretion. Open invoices associated with forfeited equipment will be closed as bad debts.
- Dirtlabs is not responsible for any equipment left unclaimed after 100 days regardless of invoice status. Items shall be considered abandoned and forfeited. Forfeited items become the property of Dirtlabs and may be disposed of at Dirtlabs sole discretion.
- No refund, compensation or replacement shall be offered for abandoned and forfeited items.