Terms and Conditions

Acceptance of the conditions

The term “you” applies to the user of the Site and the confirmation of an Order on the Site (as such terms are hereinafter defined).

The present general conditions of sale are applicable to all the orders placed on Bicycles McW Inc. (“MCW”)’s internet website www.bicyclesmcw.com (the “Site”). Your use of the Site and confirmation of your order for a item offered on the Site (an “Order”) implies your express acceptance of these general conditions of sale. The present general conditions of sale govern the contractual relationship between MCW and you, which you accept without reserve. These general conditions of sale will prevail over any other conditions appearing in any other document, except as otherwise expressly confirmed in writing by MCW and you. MCW reserves the right to modify the present general conditions of sale from time to time, at its sole discretion.

Order

An Order is effective as of receipt by MCW of payment. When you save your Order you are considered to have read, understood and accepted the present General Terms and Conditions without restriction as well as the prices, volumes and quantities of the items offered for sale and ordered by you.

Once you have chosen your method of payment, you must pay for your order, which legally finalizes the purchase agreement made with MCW. MCW reserves the right to cancel any order made by a customer with whom there exists a legal dispute relating to the payment of a past order.

Order cancellation

In case you wish to cancel your order, Contact Us quickly (24 hours after the order). If your order has not yet been processed we may cancel it. Our orders are processed quickly and once the order has been shipped, we can no longer cancel it.

Price

The selling prices for our item/services are indicated in $CAN before applicable taxes and are the prices valid at the time of the placement of the Order. The item prices do not include shipping and handling costs, which will be charged in addition to the price of the items ordered. The amount of shipping and handling costs charged are determined at the sole discretion of MCW.

The selling prices for our products/services can be modified by MCW at any time. We reserve the right to modify or discontinue the service or any part or content thereof at any time without notice. More specifically, MCW reserves the right to:

(a) correct any error, inaccuracy or omission at any time, without notice and without incurring any liability to you;

(b) modify, at any time, the items and services advertised or for sale on the website, prices, fees, charges, descriptions of items and services, any promotional offers and any other element of the content of the website without notice and without incurring any liability towards you;

(c) reject, correct, cancel or terminate any order, including accepted orders, for any reason; and

(d) limit the quantities of products and services available for sale or sold.

The price indicated in the confirmation of an Order is the definitive price. In-store prices may differ from prices indicated on the Site.

[NOTE: For special order items (excluding inventory items), MCW reserves the right to update the purchase price if the Manufacturer's Suggested Retail Price (MSRP) increases.]

Promotions

Promotional codes only apply to regular priced items in inventory.

Items that are not in inventory, but available for special order from the supplier, cannot benefit from or be combined with any promotion.

10% Online PROMO cannot be combined with FREE financing PROMO or any other PROMO. BicyclesMcW reserves the right to cancel the transaction in such cases.

“FREE Delivery” PROMO

This PROMO cannot be combined with any other PROMO (e.g. FREE financing, FREE accessories, etc.) and applies to items shipped within Canada only and does not include remote areas such as Iles de la Madeleine, Northern Quebec, Fermont, Nunavut, Northwest Territories, Yukon, Labrador, etc. Contact Us if you have any questions. We do not ship to P.O. Boxes, and we have the right to ship certain items by Canada Post.

Lowest Price Guarantee

We undertake to adjust the price of an item you purchased from MCW when the price has been reduced. Contact Us and indicate your invoice number and the item for which you are requesting a price adjustment.

If you find a lower price online, in-store, or in print before you buy or within 15 days of your purchase, MCW will match it and beat that price (upon verification) by 10% of the difference.

Certain conditions apply:

• Items must be for sale within Canada by a Canadian-based retailer (no US-based retailers or websites);
• Item must be in-stock and available;
• Item must be identical (year, model, size and color);
• Prices must be ticketed, signed, or advertised (not verbally agreed to), and the item`s price must not be lower due to an advertising error or misprint;
• Price matching does not apply to multiple-purchase discounts, clearance, or close-out prices;
• If the competitor adds additional service charges to their price (such as shipping and handling fees), then we take those into consideration for price matching. For example, if a competitor offers a product for $350 plus $50 shipping, then we’d consider the competitor’s price to be $400; and
• This Price Policy applies on price before taxes only.

[NOTE: MCW reserves the right to refund the difference by Gift Card.]

Item

The Site will attempt to provide accurate pictures of the items presented, however this cannot be guaranteed. Photographs, texts, styles of drawing, and technical data are given for information purposes but do not represent binding contractual obligations between MCW and you.

Although MCW takes all reasonable care to ensure the accuracy of the information on this website, we are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk. This site may contain certain prior information which is not up to date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but have no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our site.

Availability

Your Order will be processed no later than 5 (five) business days following the day the Order was confirmed and paid for on the Site. In case of unavailability of the item ordered, including due to our suppliers’ stock shortage, you will be informed as soon as possible and you will be able to cancel the Order. You will then have the option of requesting either a refund of amounts paid within 30 (thirty) days of their payment, or choosing another item (subject to payment/reimbursement of the price difference, as the case may be).

Delivery

Please note that for some items that are too heavy or bulky, extra charges may apply. Contact Us if the item needs to be shipped to a remote area such as Iles de la Madeleine, Northern Quebec, Fermont, Nunavut, Northwest Territories, Yukon, Labrador, etc. We do not ship to P.O. Boxes, and we have the right to ship certain items by Canada Post.

Delivery times are between 2 and 5 working days for a delivery within Quebec. Delivery times are between 2 and 8 days for a delivery elsewhere within in Canada, but may also vary depending on your location.

MCW shall not be responsible in case of delay in delivery. No shipments will be initiated between Friday afternoon and Sunday evening, as well as Canadian Statutory Holidays. Ownership of and risk to the items is transferred from MCW to you when items are received by the carrier (with the exception for when you select "FREE Home Delivery" and MCW is responsible for delivering the item to your door, fully assembled and adjusted). Items travel at your own risk. You must check the state of the package when delivered, and you must report any damages to the carrier on the delivery sheet as well as to MCW within 5 (five) working days from receipt.

All quoted delivery dates are approximate and may be subject to change as per their manufacturer and/or shipping issues. It is within BicyclesMcW’s discretion to process (or not to process) any applicable refunds in such circumstances.

Shipping (Canada) for all orders under $120 (before applicable taxes)

A fee of $25 applies. The delivery of your order will be insured.

[NOTE: Some items are excluded and delivery may cost more].

Shipping (Canada) for all orders of $120 or more (before applicable taxes)

FREE Shipping:

Fees do not apply. The delivery of your order will be insured.

[NOTE: Some items are excluded and delivery may cost more. EXCLUSION: bikes; indoor trainers; bike racks; child trailers; etc.].

Delivery with fees:

Fees apply. The delivery of your order will be insured.

[NOTE: Please note that CANNONDALE, DEVINCI, ROCKY MOUNTAIN, FELT, NORCO, CATRIKE, VELEC, etc., do not allow the shipment of their bikes. "FREE In-Store Pickup"/“FREE Home Delivery” is the only available option.]

SHIPMENT OF BIKE DISCLAIMER

MCW reserves the right to ship the bicycle to:

1) a local Bicycle Shop of the BUYER’s choice (for assembly and adjustment – additional fees paid for by BUYER may apply);

2) the BUYER’s residential address; or

3) an authorized FedEx, Purolator, Loomis, Canpar, etc. (whichever is selected), pick-up location.

In either case, ID and Proof of Signature is required.

MCW cannot accept responsibility for improper “final” assembly/adjustment of the bicycle. MCW strongly recommends that the “final” assembly/adjustment be done by a local Bicycle Shop or a qualified and competent Bicycle Mechanic - additional fees paid for by BUYER may apply. Doing otherwise runs the risk of voiding the manufacturer’s warranty with respect to frame and/or part(s).

The BUYER acknowledges and agrees that bicycling is an inherently dangerous sport, and assumes ALL risk and responsibility for any and all consequences of accidental mishaps, including injury and death. Professional assembly/adjustment (as described above), periodic service and maintenance is the responsibility of the BUYER, as well as the repair/replacement of parts, if and when required.

FREE In-Store Pickup

Fees do not apply. Simply select "FREE In-Store Pickup" when placing your order.

Please note that it takes 5 (five) working days for us to transfer all items to the store (only applies to items in inventory only).

You will be notified by email or phone as soon as your order is ready to be picked up.

Please take our that as a security measure, we will ask you for a copy of your invoice, credit card, as well as a piece of ID when you pick up your order. We will also make you sign a document attesting that you have picked up your order in-store.

FREE Home Delivery

For all bike orders, if you live in/around the Montreal/Laval and Ottawa/Gatineau regions, we offer you the opportunity to deliver your bike already assembled and adjusted, so that you are ready to ride!!!

This also applies to indoor trainers, bike racks and child trailers.

Fees do not apply. Simply select "FREE Home Delivery" when placing your order. Our team will then contact you to select the delivery day.

Returns and Refunds

You have the right to return at your expense the item you ordered within 14 (fourteen) days from date of receipt. The items must be returned to MCW in perfect condition for reselling, in their original condition, appropriately sealed in its original packaging and accompanied by the invoice for the Order. Any incomplete, used or damaged item and any item with damaged original packaging can neither be refunded nor exchanged. If you use and comply with this right of return, a refund will be payable within 30 (thirty) days.

On purchases made with a credit card, the same card used to make the purchase will be credited with the refund.

Items - less than 30 days from the date of purchase (at regular price)

You can exchange the item or get a refund (certain exceptions apply, see NON-REFUNDABLE ITEMS):

• in-store with your proof of purchase; or
• by mail/shipping, at your expense ($20 + taxes will be deducted from your refund).

For any item shipped to Buyer using the "FREE Shipping" option (or when shipping is included in the purchase price), BicyclesMcW shall reimburse the Buyer the purchase price of the item minus BicyclesMcW's actual shipping costs.

A form will be sent to you to complete and obtain a return authorization. Please note that the refund will only be made after receipt and inspection of the items (returning it intact and in its original condition). For apparel: without stains, tears or visible sign that it has been worn and with the original label.)

Non-Refundable Items

Please note that the following items cannot be returned for a refund:

• Bikes [NOTE: Except for bikes in regular inventory returned within 7 days of the date of purchase if the bike has not been used. Does not apply to bikes (or other items) on “special order”, bikes that have been already assembled/adjusted by MCW before communication of any cancellation notice, adult trikes and/or recumbent trikes. A 25% restocking fee will apply and labor costs may be charged for the transfer of accessories.]
• items at a discount or on liquidation
• special orders (items not in regular inventory that are "out of stock" for a short period of time, but can be purchased in advance)
• shorts, bibs, underwear, socks, gloves and helmets
• Gift Cards

Return (wrong item OR item is defective)

MCW will be responsible for any return shipping costs in the event that the wrong item is delivered to you or if the item is defective. However, you are responsible for any return shipping costs if the wrong item was ordered or if you wish to exchange it.

Warranty

It will be our pleasure, upon presentation of your invoice, to repair or exchange any defective item. However, this warranty does not cover abuse, accidental breakage and normal wear and tear (the manufacturer's warranty applies in all cases). Contact Us for more details.

Partial Non-Validity

If one or more stipulations of the present General Terms and Conditions (or any parts thereof) are invalid by operation of law, or by final order of a court of competent jurisdiction, all other stipulations (or remaining parts thereof) shall remain valid.

Disputes

The applicable law for the items sold by MCW is the law of the Province of Quebec, Canada. MCW shall not be liable for damages of any kind, whether direct or indirect, material or immaterial, or bodily harm (to the extent limitation of such liability is permitted by applicable law), resulting from its negligence, or from malfunctioning, improperly assembled, abused or misused items. The liability of MCW will be limited, in any case, to the amount of the Order but MCW will not be liable for simple errors or omissions which could arise despite the precautions taken in the presentation, sale and delivery of the items. In case of dispute in the application of the present contract, the parties shall make reasonable efforts, before instituting any legal action, to reach an amicable settlement.

Purchasing by Minors

For the protection of our shoppers, it is our policy to not sell to minors. If you are under the legal age of majority and wish to purchase from our Site, please have a parent or legal guardian make the purchase for you.

*****The French version of the present Terms and Conditions take priority over the English version.