Terms and Conditions
The Derringer Cycles Refund Policy
The Derringer Cycles Refund and Return Policy applies to all online and in-store purchases of Derringer motorized cycles (“Cycles”) and Derringer apparel (“Apparel”). Purchase of Derringer Cycles and/or Apparel through the Derringer Cycles website constitutes a representation, warranty and agreement that the purchaser has read, understands and agrees to the Derringer Cycles Return and Refund Policy.
1. No Returns or Refunds on Motorized Cycles. Derringer motorized cycles (“Cycles”) are unique and made to order for each purchaser. Derringer Cycles, Inc. does not accept returns of, or provide refunds or exchanges for, Cycles. This Refund and Return Policy applies to all Cycles regardless of the time, place, or manner of purchase, subject to applicable law.
2. Apparel Exchanges. Derringer Cycles, Inc. (“Derringer”) will exchange unused Apparel for identical Apparel items of alternate size within thirty (30) days of the original purchase date, provided the buyer accepts sole responsibility for all applicable shipping costs. Derringer may, but need not, consider requests for alternate size Apparel exchanges made more than thirty (30) days after the original purchase date, at Derringer’s sole and absolute discretion. Derringer may take up to thirty (30) days to process permitted exchanges after the date the Apparel is received by Derringer accompanied by a proper request for exchange and the buyer’s payment of applicable shipping charges. Exchange requests must include: (a) the purchaser’s name, mailing address, e-mail address, and telephone contact information, (b) the size of Apparel requested in place of the Apparel item(s) returned, and (c) a copy of the original purchase invoice. Failure to comply with this Apparel Exchange Policy may result in delay or rejection of requests for exchanges. Derringer does not provide refunds or exchanges on Apparel except for size-only exchanges of unused, unworn Apparel items.
3. Incorrect Deliveries. Purchasers who receive incorrect products may return the products to Derringer Cycles, Inc. for correction. Return unopened products to: [Insert Address], along with the purchasing User’s name, mailing address, e-mail address and telephone contact information, and a copy of the original purchase invoice with notations showing the products actually ordered, the incorrect products received and the nature of the packaging or shipping error. Derringer Cycles, Inc. may contact the User to confirm and process the correction.
4. Additional Terms. Derringer Cycles, Inc. has no duty to accept, store, preserve, or return Cycles or Apparel returned in violation of this Return and Refund Policy, and no duty to accept or provide refunds for any Cycles, Apparel or other items.
The Derringer Cycles Privacy Policy
The Derringer Cycles website, located at http://www.DerringerCycles.com (“Derringer Website”) is owned and operated by Derringer Cycles, Inc. (“Derringer”). Derringer is strongly committed to protecting Users’ personal privacy. For purposes of this Derringer Cycles Website Privacy Policy (“Privacy Policy”) any person accessing or using the Derringer Website is a “User.”
1. Use of Information. Derringer will not transfer, sell, trade, rent, barter or otherwise disclose personal identifying information provided by a User (“Personal Information”) except pursuant to Derringer Website terms of use, this Privacy Policy, or permission from the relevant User. Users acknowledge and agree that the purpose of the Derringer Website is to provide Users with information, including without limitation information about Derringer motorized cycles (“Derringer Cycles”), and that use of the Derringer Website constitutes full acceptance of and agreement to all of the Derringer Website terms of use and this Privacy Policy.
2. Purpose and Applicability. Derringer has implemented this Privacy Policy to explain information gathered from and about Users by Derringer and the Derringer Website, potential uses of that information and User options with regard to disclosure and use of Personal Information. This Privacy Policy applies only to the Derringer Website. Other websites owned by Derringer and/or websites owned or operated by third parties may contain different privacy policies. This Privacy Policy does not apply to any person, entity, organization, or website to or from which the Derringer Website links or is linked. Users are strongly encouraged to read and regularly review posted privacy policies on all websites, whether or not owned by Derringer or affiliated with the Derringer Website.
3. Cookies, Collection of User Information. Users may browse and read general Derringer Website content without revealing Personal Information other than default information customarily logged by the Derringer Website and its host server. The Derringer Website and the host server may automatically collect information from all Users who access the Derringer Website, including without limitation (a) date and time of access, (b) the originating IP address from which the User accessed the Derringer Website, (c) the Internet address of third-party websites from which User accessed or linked to the Derringer Website, and (d) pages and portions of the Derringer Website the User views or accesses. Derringer collects this information through the use of Cookies. “Cookies” means text files with electronic identifiers which store and retrieve information from and about Users, permitting the Derringer Website to recognize returning Users, track use of the Derringer Website and maintain customized Internet pages and preferences. Session Cookies expire when a User exits the Internet browser. Persistent Cookies remain on a User’s computer for a given time or until deleted. The Derringer Website may use both session Cookies and persistent Cookies. Derringer and the Derringer Website do not combine information collected from or through the use of Cookies with other Personal Information to determine the identity or email address of Users without the individual User’s consent, provided that Users who purchase merchandise, request information, or otherwise provide Personal Information to Derringer or the Derringer Website are consenting to its collection and use at the time of submission. Derringer and the Derringer Website collect and periodically review information collected using Cookies in order to provide access to the Derringer Website and related services, to review and evaluate the popularity and functionality of the Derringer Website and related services, to establish priorities and allocate resources associated with the Derringer Website and related services, and for other internal informational purposes. Derringer and the Derringer Website may also use Cookies, web beacons or other programs to determine, on an anonymous basis, which portions of the Derringer Website are most frequently accessed. Users who wish to purchase merchandise, request information, receive updates, or actively use other services available through the Derringer Website may be required to provide Personal Information. Users have the option to choose not to use services or features which require them to provide specific Personal Information.
4. Collection of Personal Information at Registration or Submission. Derringer and the Derringer Website have the option, but no obligation, to permit individual Users to register for and use personal accounts and/or submit various types of information to the Derringer Website pursuant to policies, rules, procedures and practices established and modified by Derringer and the Derringer Website from time to time. As part of these services and options, Derringer and the Derringer Website may ask for Personal Information about Users, including without limitation the User’s name, age, address, e-mail address, login name and password. Derringer and the Derringer Website may require this information in order to provide Users with access to certain services offered by or areas of the Derringer Website. Derringer and the Derringer Website may use Cookies and other available technology to remember User preferences and customized settings, facilitate access to the Derringer Website and other related purposes.
5. Disclosure of Personal Information. Users who use or access certain portions of the Derringer Website may be asked to provide Derringer and the Derringer Website with a valid e-mail address and other identifying Personal Information. Users who provide Personal Information consent and agree that Derringer and the Derringer Website may use Personal Information from time to time in order to contact Users for purposes of updating information and providing Users with information about products and services offered by Derringer and/or the Derringer Website. Derringer and Website will not sell or disclose the Personal Information of any User except as reasonably required (a) to provide information about products and services offered by Derringer and the Derringer Website, subject to applicable opt-out laws, (b) by law or to comply with legal process served on Derringer or the Derringer Website, (c) to comply with applicable terms of use, disclaimers, this Privacy Policy and other Derringer Website policies, rules, procedures and practices, as in effect from time to time, (d) to develop, improve, operate, maintain and debug the Derringer Website and/or (e) to protect and defend the rights, property and personal safety of Derringer, the Derringer Website, Users or members of the public. Derringer reserves the right to keep copies of all information provided to Derringer and/or the Derringer Website.
6. External Links. The Derringer Website may contain links to other Internet websites (“External Links”). External Links may be provided by Derringer, advertisers, Users or other third-party content providers not related to or affiliated with Derringer or the Derringer Website. Derringer and the Derringer Website have no control over third-parties or third-party websites, whether or not those websites are linked to or from the Derringer Website. This Privacy Policy and other Derringer Website policies, rules, procedures and practices apply only to the Derringer Website and do not apply to any External Links or linked sites. Users are advised to use discretion when using the Internet, including the decision to utilize External Links. Derringer and Website accept no responsibility or liability for third parties or third-party websites, information provided to or by third parties, or computer viruses, “hacking” or other third-party actions, whether or not linked to or accessed through or from the Derringer Website. Use of the Internet, including without limitation the Derringer Website, External Links and third-party websites, is undertaken at User’s sole risk and liability. Derringer and the Derringer Website accept no liability or responsibility for the content, consequences, or damages resulting from of any User’s use of the Internet or any website.
7. Minors. For purposes of this Privacy Policy, “Minor” means any natural person under the age of eighteen (18) years. Derringer does not knowingly collect information from Minors, permit Minors to make purchases through the Derringer Website, or permit Minors to access the Derringer Website without adult supervision and/or the consent of a parent or legal guardian. Use of the Derringer Website constitutes a warranty that the User (a) is not a Minor or (b) is a Minor accessing the Derringer Website with the full knowledge, supervision and consent of his or her parent or legal guardian. Derringer strongly encourages parents and legal guardians to review posted website policies, rules procedures and practices carefully and to monitor use of the Internet, including the Derringer Website, by Minor children. Derringer reserves the right to block or terminate the access of any User suspected or determined to be a Minor using the Derringer Website without the supervision and consent of his or her parent or legal guardian.
8. Privacy Rights. Information posted on, linked to or from, or incorporated in the Derringer Website may be owned by third parties and subject to a variety of legal rights, including without limitation privacy and publicity rights. Use of information appearing on the Derringer Website is subject to applicable laws and policies. Use of information appearing on the Derringer Website without the advance permission of the owner may result in liability for a variety of claims, including without limitation violation of intellectual property and privacy rights. No person may use or commercially exploit the rights of the subject of an interview, document, article, photograph or other form of communication, whether or not containing visual representations, without the consent of the subject, except as permitted by applicable law. Users are also placed on notice that content posted, linked, uploaded to or transmitted from the Internet, including without limitation the Derringer Website, may be accessed and used by third parties in forms and manners not permitted or not anticipated by Derringer and the Derringer Website. Users hereby agree to hold Derringer and the Derringer Website harmless from and against all claims, facts, damages and results of the User’s use of the Internet, including without limitation the Derringer Website.
9. Changes to Privacy Policy. Derringer and the Derringer Website reserve the right to change the Privacy Policy from time to time, with or without cause or prior notice. Changes will be posted on the Derringer Website and are effective immediately upon posting. Users are responsible for reviewing the Privacy Policy regularly. Use of the Derringer Website indicates User’s full and complete agreement to the terms of the Privacy Policy in force on the date of use as if User had signed a written contract containing the Privacy Policy. Use of information gathered by or in the possession of Derringer and the Derringer Website is subject to the Privacy Policy as in effect at the time of use.
