Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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.
Binary Bicycles, LLC 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 herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration through our online ordering process. These Terms and Conditions, or any part of them, may be modified by Binary Bicycles, LLC without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the bottom of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Availability, Payment and Order Process
Availability: It is our mission to provide you a versatile, modern, and beautiful proven bike design built just for you. You may order our standard frame configurations easily directly through the site. Some frame characteristics may be modified (for example, the number of cage mounts, and in some cases, double- or triple-boss mounts). Any customization is best discussed before placing your order to assure it is possible on the particular frame you are wanting. Please contact us to initiate this discussion.
Realize that even our ‘standard’ frames are custom built (you are choosing the frame finish), and therefore, orders may take an average of 8-10 weeks to fulfill. PVD finishes and other changes will add additional time.
Payment: Our secure and user-friendly cart system allows you to pay via PayPal; you can pay with your credit card even if you don’t have a PayPal account. Frame orders are processed upon deposit of Paypal funds and once the funds have cleared. In the case where payment does not clear, Binary Bicycles, LLC has the right to cancel the order completely.
Please provide your card’s exact billing address and telephone number. Incorrect information will cause a delay in processing your order. Your credit card will be billed at the time of purchase.
Taxes: Binary Bicycles, LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Arizona. For orders shipped to other states, you are solely responsible for all applicable taxes.
Pricing or Other Information Errors: Although Binary Bicycles, LLC strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, occasionally pricing or other information errors may occur on this site. In the event a product is listed at an incorrect price due to typographical error, Binary Bicycles, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Binary Bicycles, LLC 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, Binary Bicycles, LLC shall immediately issue a credit to your credit card account (via PayPal) in the amount of the incorrect price.
Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Binary Bicycles, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Without limitation of the foregoing, Binary Bicycles, LLC is not responsible for any inability to fulfill orders. You will only be billed for what we ship to you plus shipping cost and sales tax if located in Arizona. If your credit card has already been charged for the purchase and your order is cancelled by Binary Bicycles, LLC, we will issue a credit to your credit card account (via PayPal) in the amount charged.
Shipping: We ship our frames within the continental United States for FREE! Frames shipped outside the continental United States will incur a $50 fee. Orders are not processed or shipped on Saturday or Sunday.
Parts, apparel, and other non-frame items will ship for free or for a nominal fee which will be specified during the checkout process. Orders are not processed or shipped on Saturday or Sunday.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Binary Bicycles, LLC or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping, product availability, or unforeseen delays in the manufacturing process.
We care a great deal about your beautiful frame and other items and you as our customer, and we take careful measures to ensure substantial protection. However, where third party service providers are involved, the quality of delivery cannot be guaranteed.
Cancellation and Refund Policy
Frame order cancellations made within 72 hours after the purchase date/time stamp will receive a full refund. Cancellations within 30 days of the purchase date/time stamp will receive a 50% refund. Cancellations must be submitted in writing to Binary Bicycles, LLC. Please use this form to notify us of your intent to cancel. Binary Bicycles, LLC will issue a credit to your credit card account (via PayPal) appropriately.
It is very important to us that you love your Binary frame. If you are not completely satisfied with your order and would like to exchange, or to make a return, please submit this form describing your dissatisfaction, and we will contact you to discuss the matter. Return shipping may be the responsibility of the sender.
User Account, Age Limitation, Termination Policy
User Account: When placing an order online, you may establish a user account; however, this is not required to place your order. If you establish a user account, it will be accessible upon input of an authorized e-mail address and a designated password. You are responsible for maintaining the security of any user passwords and other account details issued to you for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.
Children’s Privacy and Site Age Limitations: Binary Bicycles, LLC will not knowingly allow registration of an account for any person that we believe to be younger than 13. We also do not collect any personally identifiable information from any persons under the age of 13 and if we discover that we have been provided any such information, we will delete this information from our records.
Termination of Website Use: Binary Bicycles, LLC may terminate your access to this site at any time without notice to you. In addition, your access rights to use this site may also be terminated if you fail to comply with these Terms and Conditions. You agree that Binary Bicycles, LLC will not be liable to you or any third party for any termination of your use of this site as a result of your failure to comply with these Terms and Conditions. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.
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 and Conditions.
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.
Our site may offer you the opportunity to receive text messages, including to participate in promotional programs that use text messaging services. If you choose to participate in such promotions, you should be aware that your carrier may charge you standard text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless device used to receive or send any text messages related to Binary Bicycles, LLC programs, products or services.
Copyright, Trademark and Intellectual Property Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, product design and description, logos, trademarks, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Binary Bicycles, LLC, and protected by international copyright laws with ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Other logos and marks used on this site that have been posted by Binary Bicycles, LLC are the property of their respective owners and are used on this site under permission.
In an attempt to provide increased value to our customers and other site visitors, Binary Bicycles, LLC may provide links to sites operated by third parties. However, even if the third party is affiliated with us, Binary Bicycles, LLC has no control over these linked sites, all of which have separate terms and privacy practices, independent of Binary Bicycles, LLC. These linked sites are only for your convenience and, therefore, you access them at your own risk.
Public Information Privacy
Disclaimer of Website Warranties
THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THIS SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Binary Bicycles, LLC does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Neither Binary Bicycles, LLC nor is licensors or hosting services providers makes any warranties or representations regarding the use of the information accessible through this site in terms of the correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit certain limitations or exclusions on warranties, so the above limitations may not apply to you.
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.
Limitations of Liability
In no case shall Binary Bicycles, LLC, 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.
You agree to indemnify, defend and hold harmless Binary Bicycles, LLC, its officers, directors, employees, affiliates, partners, agents, sub/contractors, licensors, service providers, and suppliers, harmless from from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (1) any violation of these Terms and Conditions, (2) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (3) any content or other materials provided or posted by you, or (4) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.
Terms and Conditions as of July 01, 2018.