Terms and conditions

In the following terms and conditions, Ride Safe will be referred to as “RideSafe” and the purchaser identified on the face of this document will be identified as “Customer”.

  1. These conditions prevail. These terms and conditions shall control in the event of any conflict between them and the terms of any purchase order, confirmation, acknowledgment or other form or correspondence prepared by Customer. No change in the terms of this Order, nor any additional or different terms, whether or not they materially modify the Order, shall be binding. RideSafe unless such changes or additional or different terms are expressly agreed to in writing by RideSafe.

  2. Acceptance of the order. All solicitations and purchases of Dakine products on www.ridesafee.com and affiliated sites are undertaken and completed in Hood River, Oregon. Receiving an order on the RideSafe website, www.ridesafee.com, will only constitute acceptance of the order after its formal approval by RideSafe at its headquarters. The prices of RideSafe excludes excise, sales, use, GST or similar taxes, freight and other delivery charges, insurance charges and duties, all of which shall be the responsibility of the customer.   

  3. Delivery and acceptance . Unless otherwise provided in writing by RideSafe, all product shipments must be freight prepaid to destination (CPT-Destination) from RideSafe's facilities. RideSafe in Europe, in which case title and risk of loss or damage pass to the customer.

  4. Non-diversion. Purchasing a product RideSafe by customer is for personal use and not for resale. The customer agrees not to directly or indirectly advertise, solicit sales or sell products RideSafe purchased from RideSafe.

  5. Guarantee . Every product sold by RideSafe is covered by a minimum one-year warranty from the date of purchase. The warranty covers defects in workmanship and materials, but DOES NOT cover damage caused by accident, improper maintenance, neglect, normal wear and tear, or the natural degradation of colors and materials over time, exposure or intensive use.

  6. Return policy and warranty returns . See the return and warranty policy of RideSafe.

  7. Force majeure. In the event of disruption or interruption of the activities of RideSafe in whole or in substantial part, temporarily or permanently, due to fire, flood, earthquake, war, governmental restrictions or laws, natural disaster, 'a problem of work under embargo or strikes or For any other cause of a similar or different nature beyond the control of RideSafe, RideSafe will have the option to cancel delivery of all or part of the merchandise not yet delivered without charge or penalty of any kind imposed by the customer.

  8. No implied warranty. RideSafe makes no warranties or conditions, express, implied, statutory or otherwise with respect to the merchandise, its fitness for a particular purpose, its quality or merchantability. RideSafe will not be liable for any special, consequential, punitive, incidental or indirect damages, lost profits, cost of procurement of substitute products or other services, howsoever arising, or under any theory of liability arising in any way from this Agreement. The customer accepts that the responsibility of RideSafe under this Agreement, regardless of the form of action, will in no event exceed the price paid by Customer for the merchandise in question. This limitation will apply even if RideSafe has been advised in advance of the possibility of such damages and notwithstanding any failure of essential purposes of any limited remedy provided herein.

  9. Limitation of Liability. IN NO EVENT SHALL RIDESAFE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM DELAYS OR SHIPMENT OF PRODUCTS, EVEN IF RIDESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT IS THE RESPONSIBILITY OF RIDESAFE FOR ANY PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, CONTRACT CLAIM OR OTHERWISE) SHALL NOT EXCEED THE AMOUNTS PAID TO RIDESAFE FOR THIS PRODUCT. NOT OBTAINING ANYTHING IN THIS AGREEMENT, THE LIABILITY OF IN NO EVENT WILL RIDESAFE FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER TO RIDESAFE FOR THE PRODUCT DURING THE PAST TWELVE (12) MONTHS. NEVER RIDESAFE WILL NOT BE RESPONSIBLE FOR THE COSTS OF THE CUSTOMER'S PURCHASE OF SUBSTITUTE GOODS. NEVER RIDESAFE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM DELAYED DELIVERY. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL LIABILITIES THAT MAY ARISE FROM THIRD PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION WILL APPLY WHEN DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

  10. Compensation . Customer shall indemnify, defend and hold harmless RideSafe and its officers, agents, other representatives and licensors from any and all demands, claims, actions, causes of action, proceedings, suits, assessments, losses, damages, liabilities, regulations, judgments, fines, penalties. , interest, costs and expenses incurred (including legal counsel's fees and disbursements) of any nature (i) based on personal injury or death or property damage to the extent that any of the above is immediately caused by Customer's misuse of the Product or by Customer's negligent or willful acts or omissions, or (ii) based on any violation of this Agreement by Customer.

  11. Choice of law and venue. Any dispute arising out of this invoice or Seller's purchase order shall be subject to the laws of the European Union, and RideSafe and Buyer agree that any dispute arising hereunder or under any purchase order between the parties shall be subject to the exclusive jurisdiction of the courts of France, and the parties hereby waive their right to have any such claim adjudicated or brought elsewhere. The prevailing party in any action under this Agreement shall be entitled to recover reasonable attorneys' fees.

  12. Divisibility . If any term and condition of this Agreement is found to be invalid under any applicable statute or rule of law, it shall, to that extent, be deemed omitted.

WEBSITE TERMS OF USE

Ownership of the site; Terms of Use Agreement

These general conditions of use (the “Terms of Use”) apply to the Website RideSafe located at http://www.ridesafee.com/ and all associated sites linked to by RideSafe, its subsidiaries and affiliates, including websites RideSafe worldwide (collectively, the “Site”). The Site is the property of RideSafe, Inc. (“ RideSafe”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.  

RideSafe reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept the changes. As long as you comply with these terms of use, RideSafe grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations and computer code (collectively, “Content”), including, but not limited to, the design, structure , the selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site, are owned, controlled or licensed by or to RideSafe, and are protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of RideSafe.

You can use information about products and services RideSafe (such as datasheets, knowledge base articles and similar materials) voluntarily made available by RideSafe for downloading from the Site, provided that you (1) do not delete any proprietary notices from all copies of such materials, (2) use such information only for personal, non-commercial informational purposes and do not copy or do not post this information on any networked computer or distribute it in any media, (3) make any modifications to this information, and (4) make any additional representations or warranties with respect to these materials.

Your use of the site

You may not access, acquire, copy or monitor any portion of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any server RideSafe, or to any of the services offered on or via the Site, by hacking, password. “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor may you breach any security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace or seek to trace any information about any other user or visitor of the Site, or any other customer of RideSafe,

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or on the systems or networks of RideSafe, or on any system or network connected to the Site or RideSafe. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted on the Site, or with any other person's use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that violates the rights of RideSafe or others.

Purchases; Other terms and conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms form part of these Terms of Use by this reference. You agree to comply with such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and any terms posted or applicable to a specific portion of the Site or for any services offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Specific site or service.

The obligations of RideSafe, if any, with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on this site should be construed as modifying such agreements. RideSafe may make changes to any products or services offered on the Site, or to the prices applicable to such products or services, at any time, without notice. The elements of the Site relating to the products and services may be obsolete, and RideSafe makes no commitment to update the materials on the Site regarding these products and services. Additional terms and conditions, incorporated in the Legal section of the Site, may apply. Each of these policies may be modified from time to time and will be effective immediately upon posting of such modifications on the Site.

Accounts, passwords and security

Certain features or services offered on or through the Site may require opening an account (including setting up a username and password RideSafe). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account due to your failure to keep such information secure and confidential. You agree to inform RideSafe immediately of any unauthorized use of your account or password, or any other breach of security. You may be held responsible for losses incurred by RideSafe or any other user or visitor to the Site due to someone else using your username, password or account RideSafe due to your failure to keep your account information secure and confidential.

You may not use the username, password or account at any time Someone else's RideSafe without the express authorization and consent of the owner of that username, password or account RideSafe. RideSafe cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Confidentiality

The privacy policy of RideSafe applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice stating that a particular transmission (e.g., credit card information) is encrypted.

Links to other sites and to the site RideSafe

This Site may contain links to other independent third party websites (“Linked Sites”). These linked sites are provided solely for the convenience of our visitors. These linked sites are not under the control of RideSafe, and RideSafe is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites. You should make your own independent judgment regarding your interaction with these linked sites.

Disclaimer

RIDESAFE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICES, OR FEATURES OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RIDESAFE CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. RIDESAFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAKINE DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICES RIDESAFE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RIDESAFE IN CASE OF DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damage, liability, or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, modification or use, whether for breach of contract, tort, negligence or any other cause of action.

RideSafe reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason whether it be ; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any part of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Typographical errors

In the event that a product RideSafe is listed at an incorrect price due to a typographical error, an error in pricing information received from our suppliers, or a hacking or other computer problem, RideSafe will have the right to refuse or cancel any order placed for product displayed at the incorrect price. RideSafe shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RideSafe will issue a credit to your credit card account in the amount of the incorrect price.

Limitation of liability

Except where prohibited by law, In no event will RideSafe be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if RideSafe has been advised of the possibility of such damage.

If, notwithstanding the other provisions of these Terms of Use, RideSafe shall be liable to you for any damage or loss arising out of or in any way connected with your use of the Site or any Content, the liability of RideSafe will in no event exceed the greater of (1) the total of any subscription or similar charges with respect to any service or feature of or on the Site paid during the six months preceding the date of the initial claim made against RideSafe or (2) 100.00 €. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Compensation

You agree to indemnify and hold RideSafe, its officers, directors, shareholders, predecessors in interest, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demand, loss, liability, claim or expense (including attorneys' fees), made against RideSafe by a third party due to or arising out of or in connection with your use of the Site.

Violation of these terms of use

RideSafe may collect, capture or disclose any information we have about you (including your identity) or your communications if we determine that such disclosure is necessary for any investigation or complaint regarding your use of the Site, or to identify, contact or take legal action. action against someone who may cause harm to or interfere with (intentionally or unintentionally) the rights or property of RideSafe, or the rights or property of visitors or users of the Site, including customers of RideSafe. RideSafe reserves the right at any time to disclose any information that RideSafe deems necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce these Terms of Use, to respond to claims that you have violated the rights of others (including RideSafe or its employees, users or visitors).

You accept that RideSafe may, in its sole discretion and without notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an illegal and unfair business practice and will cause irreparable harm to RideSafe, for which monetary damages would be insufficient, and you agree that RideSafe obtains any injunctive or equitable relief that RideSafe deems it necessary or appropriate in such circumstances. These remedies are in addition to any other recourse of which RideSafe may dispose at law or in equity. If RideSafe takes legal action against you following your violation of these terms of use, RideSafe will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs related to such action, in addition to any other relief granted to RideSafe. You accept that RideSafe will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You accept that RideSafe may, in its sole discretion and without notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests from law enforcement or other agencies governmental requests, (2) a request by you (self-initiated account deletions), (3) interruption or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical problems or problems.

Applicable law ; Dispute resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the European Union without regard to its conflict of law provisions. You consent to the personal jurisdiction of the courts of France and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions of purchase for goods and services are not subject to this limitation. No compensation may be sought or received for damages other than out-of-pocket costs, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of controversy or dispute between RideSafe and you arising out of or in connection with your use of the Site, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties will be free to exercise any rights or remedies available to them under applicable law.

Void where prohibited

RideSafe administers and operates the Site from its location; other sites RideSafe can be administered and operated from various locations. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. RideSafe reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the EU,

Miscellaneous

If any provision of these Terms of Use is found to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent . of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and RideSafe regarding your use of the Site, and any other written or oral agreements or understandings previously existing between you and RideSafe with respect to such use are hereby superseded and canceled. Except what is provided for in a purchase contract that you conclude with RideSafe, RideSafe will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The inability to RideSafe to insist upon or enforce strict compliance with these Terms of Use shall not be construed as a waiver by RideSafe has no provision or right to enforce these Terms of Use, and no conduct between RideSafe and you or any other party will be deemed to modify any provision of these Terms of Use. These Terms of Use will not be construed or construed as conferring any rights or remedies on any third party.

RideSafe provides access to data from RideSafe International and, therefore, may contain references or cross-references to products, programs and services RideSafe that are not announced in your country. Such a reference does not imply that RideSafe in your country intends to announce such products, programs or services.

Comments and information

Any comments you provide on this site will be considered non-confidential. RideSafe will be free to use this information without restriction.