Terms & Conditions

Introduction

Welcome to bicyclemonkey.com. These terms and conditions apply to the services available from the domain and sub-domains of bicyclemonkey.com and from all other bicyclemonkey branded websites. By using the services of the bicyclemonkey websites (bicyclemonkey.com and other sites where this user agreement appears) you are agreeing to the following terms with bicyclemonkey, Cincinnati, OH. and the general principles for the websites of our subsidiaries and international affiliates.

Your use of our services is governed by the following terms and conditions, (“User Agreement”). Before you can become a member of bicyclemonkey , you must read and accept all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and bicyclemonkey.


General Scope

The following General Terms and Conditions shall apply exclusively to the business relationship between bicyclemonkey and its Internet platform bicyclemonkey.com (hereinafter: “bicyclemonkey”) and our users in the version applicable on the date of use. By participating in bicyclemonkey , the User accepts the following General Terms and Conditions. bicyclemonkey does not recognize any terms and conditions set by the User that differ from these unless bicyclemonkey has agreed to their validity in writing.

Any special promotions presented by bicyclemonkey shall only be valid if they are announced on bicyclemonkey ’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended.

All content on the bicyclemonkey website is not intended to amount to advice on which reliance should be placed. bicyclemonkey disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the bicyclemonkey website or by anyone who may be informed of any of its contents.


bicyclemonkey Participation and Disqualification

   1. You may not use  if you are under the age of 18 or you not able to form legally binding contracts or if your bicyclemonkey membership has been suspended.

   2. Each user may register only once, using their residential postal address. Non-residential and post office box addresses may not be used for user registration purposes. During the registration process, the User must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. bicyclemonkey reserves the right to change or delete a user name if it finds user violating bicyclemonkey ’s term and conditions. The associated password is to be kept secret by the User.

   3. The User has to provide a valid email address during the registration process for bicyclemonkey to authenticate the User and prevent future misuse of the service. An authentication link is sent to the email address, which the User must use to register.

   4. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

   5. User accounts created during registration are non-transferable. Any abuse of the user account will inevitably result in the disqualification of the User and may lead to criminal proceedings. bicyclemonkey may at any time, exercise sole discretion to suspend or permanently exclude users from its services. bicyclemonkey will decide upon such exclusion if and insofar as, in the reasonable opinion of bicyclemonkey , a user has breached a bicyclemonkey provision, violated any laws or infringed upon the rights of third parties, or bicyclemonkey has another justified interest in such for the protection of other Users or to prevent manipulation of any kind, for example if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same User.

   6. bicyclemonkey has the right to verify the identity of each individual user. In the event of bicyclemonkey being unable to verify or authenticate user identity using reasonable endeavors, then bicyclemonkey may ask users to provide photo ID, proof of address and other documentation as bicyclemonkey requires. Should such proof not be provided, bicyclemonkey has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.

   7. bicyclemonkey has the right to disqualify a user and/or his winnings if bicyclemonkey deems that a particular user or users have used unfair means to win an auction. bicyclemonkey shall neither be liable to return any bids, purchased or non-purchased, nor is bicyclemonkey liable to reimburse any monies that have been used to purchase bids or products. This is to protect the right of its users and bicyclemonkey itself.

   8. You will not hold bicyclemonkey responsible for any loss you may incur as a result of bicyclemonkey taking any of the actions outlined above.
   9. We strongly advice not contacting users outside of bicyclemonkey through other forms of e-mail.


Conditions of Service

   1.

      bicyclemonkey acts only in providing a place for buyers and sellers to buy and sell approved items. We have no control over quality, usability, legality, et al of the items put up here for auction. In other words, bicyclemonkey provides this website in an 'as-is' condition, without a warranty or condition. bicyclemonkey is not liable for any damages resulting in an auction, or your visit to the site. bicyclemonkey is not responsible  nor liable for any damages caused or alleged to be caused directly, indirectly, incidentally, or consequentially by anything on or related to this auction site.
   2.

      We at bicyclemonkey cannot and will not get involved in disputes between users. In the case that you have such a dispute, by registering on this site, you are releasing bicyclemonkey and its agents, employees, and assignees, and any affiliated companies or individuals from any claims, suspected and unsuspected, whether disclosed or undisclosed, arising out of, or in any way connected to, any disputes. We suggest and expect that users will employ common good business practices and personal courtesy to avoid disputes. If another user has a complaint with you, please establish a polite dialog with him or her to resolve the dispute to mutual satisfaction. Above all, when buying something from someone--whether on the internet or anywhere else--your best protection to be an informed buyer.
   3.

      We cannot, and will not, be held responsible for any interruption in service, caused by any means, therefore we cannot guarantee continual, uninterrupted service as our website could be interfered with by means out of our control.
   4.

      The use of a trademark or service mark in your auctions should be capitalized and indication as such. Since we have no control over posting, the use  of any trademark or service mark in this auction, proper or improper, cannot and should not be construed as affecting the validity of that trademark or service mark.
   5.

      We reserve the right to remove anyone from this auction at any time for any reason we deem sufficient and without explanation required.
   6.

      We will not tolerate violations of law or regulations by any actions, especially those that are libelous, threatening, harassing, or obscene.


In Event of technical break down (System Outage)

   1. We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the bicyclemonkey .com auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem. 

Alternatively, bicyclemonkey Ltd. has the right to restart all auctions from the beginning, once the technical problem has been rectified.

   2. bicyclemonkey LLC. may attempt to return purchased bids (not free bids) placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem.

   3. Should bicyclemonkey LLC. suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.
   4. bicyclemonkey reserves the right to suspend an auction if exceptional latency was experienced by more than 5 users in the auction. Meaning, if the auction time is 30 seconds and bid was 'updated' at 40 seconds for more than 5 users, bicyclemonkey reserves the right to suspend the auction and return any bids placed by the participant. In such case, the auction remains suspended and there can be no winner. No claims to win shall be entertained in such case.

             

Notification, Acceptance and Payment of Won Auctions

   1. When an auction closes, a notification is automatically sent by email to the final bidder. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, bicyclemonkey reserves the right to void the notification, and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction.

   2. The winning bidder will also receive a notification of the win by e-mail or request for payment to seller. It can take up to 24 to 48 hours for bicyclemonkey to authorize a win.

Trademarks

   1. bicyclemonkey’s logos are trademarks of bicyclemonkey LLC. and any of its subsidiaries. All rights reserved. All other trademarks appearing on bicyclemonkey are the property of their respective owners.


Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

   1. The protection of your data is very important to us. 

For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

Disclaimer of Warranty and Limitation of Liability regarding the Use of bicyclemonkey .

USER EXPRESSLY AGREES THAT USE OF bicyclemonkey INTERACTIVE IS AT USER’S SOLE RISK. NEITHER bicyclemonkey , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT bicyclemonkey WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF bicyclemonkey , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH bicyclemonkey. bicyclemonkey IS PROVIDED ON AN “AS IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, bicyclemonkey DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, bicyclemonkey DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. 
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT bicyclemonkey IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL bicyclemonkey , OR ANY PERSON OR ENTITY INVOLVED IN USE OF A bicyclemonkey AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE bicyclemonkey . USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON bicyclemonkey .
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, bicyclemonkey , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED bicyclemonkey , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, bicyclemonkey , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Disclaimer of Warranty and Limitation of Liability regarding Purchases from bicyclemonkey .
Your use of this auction website marks your acceptance in full of these Terms and Conditions.