Your terms and conditions of use

ACCEPTANCE OF TERMS

This Agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.

GENERAL

The following Terms and Conditions shall apply to the relationship between Aplash Inc. All subsidiaries of Aplash Inc. www.Orbita-Bicycles.com ("Órbita Bicycles in the U.S.A."), and the end user ("You" or "Your"). By using Orbita-bicycles.com' services, You accept the following Terms and Conditions, as well as the manner in which Orbita-bicycles.com operates. These Terms and Conditions constitute the entire agreement between Orbita-bicycles.com and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Orbita-bicycles.com with respect of Your use of www.Orbita-Bicycles.com. Information on Orbita-bicycles.com, such as the "Specials", "News", "Twitter" and or "Facebook" sections, are only recommendations and are not intended as rules or guidelines. Orbita-bicycles.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Orbita-bicycles.com will follow all arising local tax legislation for the sale of goods and services in the U.S.A. in which it operates. If you have any questions, concerns, or comments about our Terms and Conditions, please email us at info@orbita-bicycles.com.

MODIFICATIONS OF TERMS & CONDITIONS

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE

The Site allows you to post, shop online, and social interact. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (a) collecting information about users' personal information; (b) maneuvering the price of any item or interfere with other users; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the rating system.

USER/MEMBER CONDUCT

You registering false information, sending unsolicited mail to people, asking them without any prior contact with you is not only against our policy, but it is also illegal. We have ZERO tolerance against abuses or spamming and if we receive just A SINGLE complaint against you for abuses or spamming, we first verify that the abuse or spam incident did occur and then we delete all your data and your membership will be terminated with out refund.

You acknowledge, consent and agree that Orbita-bicycles.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Orbita-bicycles.com, its users and the public.

You understand that the Orbita-Bicycles.com Services and software embodied within the Orbita-bicycles.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Orbita-bicycles.com and/or content providers who provide content to the Orbita-bicycles.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the Orbita-bicycles.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Orbita-bicycles.com Services, in whole or in part, is strictly prohibited.

USERS CONTRIBUTIONS FOR ORBITA-BICYCLES.COM

By submitting ideas, suggestions, documents, files and/or proposals ("Contributions") to Orbita-Bicycles.com, Orbita.us, BidsRider.com, or EvilDog.pro social pages, suggestions, feedback, webpages, you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; (2) Orbita-bicycles.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) Orbita-bicycles.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) Orbita-bicycles.com may have something similar to the Contributions already under consideration or in development; (5) your Contributions automatically become the property of Orbita-bicycles.com without any obligation of Orbita-bicycles.com to you; and (6) you are not entitled to any compensation or reimbursement of any kind from Orbita-bicycles.com under any circumstances.

REGISTRATION INFORMATION

For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, phone number, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Orbita-bicycles.com' Privacy Policy. You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You must not provide misleading information when registering. You may not collude to exchange information with other Orbita-bicycles.com users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Orbita-bicycles.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.If Orbita-bicycles.com receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Orbita-bicycles.com' sole discretion, Your user account may be frozen until You change the username. Orbita-bicycles.com also may permanently close Your account without prior notice to You for violating these Terms & Conditions.You are responsible for keeping Your user account password confidential. Orbita-bicycles.com will never ask for Your password except during login. You should never provide Your password to anyone, including Orbita-bicycles.com' employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

TERMINATION

This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the "ACCOUNT TERMINATION" here bellow on this page. We may terminate your membership for any reason at any time. If you are using a Orbita-bicycles.com Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees or offers. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

ACCOUNT TERMINATION

You have the right to terminate Your account at any time. You may do so either by not returning or by sending us an Email at info@orbita-bicycles.com or info@orbita.us using "Account Cancelation" as Email Subject. Orbita-bicycles.com reserves the right to temporarily or permanently terminate Your account at Orbita-bicycles.com sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Orbita-bicycles.com, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Orbita-bicycles.com may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds.

PAYMENT / ACCEPTANCE OF THE SALE

After a sale as been made, You must actively confirm and pay the total price for the made sale. Once You have clicked on the confirmation button the sale is accepted. If a sale has not been confirmed and paid within seven days of the sale end date, Orbita-bicycles.com may withdraw the offer to conclude the order and permanently revoke the buyer's right to pay for and receive delivery of an item. If Orbita-bicycles.com does this, all fees placed in that sale will be deemed expired and will be non-refundable.

Note: After confirming the sale from Orbita-bicycles.com and payment received by Orbita-bicycles.com for the total amount due, the buyer will receive a confirmation e-mail. The item will not be sent or delivered to You until the total price has been paid to Orbita-bicycles.com / APLASH INC. An invoice containing the sale price and shipping costs will be sent to You by Orbita-bicycles.com / APLASH INC. Once delivery has been arranged.

SPECIALS / SPECIAL PROMOTIONS

Any special promotions run by Orbita-bicycles.com shall only be valid if they are announced on Orbita-bicycles.com or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Orbita-bicycles.com or in our newsletter. Once the advertised time limit of any promotion has been reached, or the relevant sales have ended, the promotion is also finished.

RETURNS / CANCELATIONS

Orbita-bicycles.com allows buyers the right to cancel or return an order in accordance with Orbita-bicycles.com' Returns Policy, which Orbita-bicycles.com may change from time to time in Orbita-bicycles.com' sole discretion. If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the final sale price (including shipping costs if no items have been shipped) You have paid even if the goods are not damaged or incorrect in any way. Sale fees are not eligible for a refund. These cancellation rights end fourteen days after the day the buyer received the goods or a notification that the goods are ready for collection. Some exceptions may apply. If an exception does apply, it will be noted on the returns policy page. Exclusions include Coupons, Voucher Offers, and all Sale fees (Shipping and Handling), and any Used Items. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund. If You wish to cancel an order, You must inform Orbita-bicycles.com by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used: info@orbita-bicycles.com or  info@orbita.us. Orbita-bicycles.com may accept cancellation requests via Email in Orbita-bicycles.com' sole discretion. In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless goods are found to be damaged in which it will need to follow Orbita-bicycles.com' and the shipping carriers conformities. Orbita-bicycles.com will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition. Should Orbita-Bicycles.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You. Should Orbita-bicycles.com not be able to deliver the product ordered for any reason, You will have the option to accept an alternative but comparable item, as determined by Orbita-bicycles.com in its sole discretion, or receive a refund of the final sale (including shipping costs and sale fees, if any) You have paid.

SHIPPING & DELIVERY

All deliveries are made exclusively to the 50 states of the United States and Washington D.C. If you live in other territories of North, Central or South America please contact us always before making a purchase. We can help you obtain Orbita bicycles in your country or territory, but you need to contact us for more information related to these purchases out of the USA. We will not be responsible for any customs extra charges that are involved with your purchases. Some restrictions or higher shipping costs may apply to deliveries due to its location. Unless otherwise stated, delivery will be made directly from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. Orbita-bicycles.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Orbita-bicycles.com upon receipt.

WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an "as is" basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.

Disclaimer of Warranty and Liability Regarding Purchases from Orbita-bicycles.com

Orbita-bicycles.com hereby disclaims any and all liability from claims arising from trip packages offered on the Orbita-bicycles.com site. Orbita-bicycles.com will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased or offered on the Orbita-bicycles.com, Orbita.us, BidsRider.com or EvilDog.pro sites. Orbita-bicycles.com is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Orbita-bicycles.com, Orbita.us, BidsRider.com or EvilDog.pro sites. All new products are sold with the manufacturer's limited warranty only. Orbita-Bicycles.com warrants solely that the products sold to You under these terms shall have the characteristics specified in Orbita-bicycles.com' specifications for such products as set forth in the description of each sale and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Orbita-bicycles.com. Warranty is excluded for the delivery of any used products. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Orbita-bicycles.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY "Órbita" OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.YOU AGREE THAT Orbita-bicycles.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Orbita-Bicycles.com / ORBITA.US / APLASH INC. IN NO EVENT SHALL Orbita-Bicycles.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

INTELLECTUAL PROPERTY rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers, manufacturers and from our members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Orbita-bicycles.com. Such customer information is confidential and may not be disclosed. User agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Indemnity

You agree to indemnify, defend, and hold Orbita-bicycles.com and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Orbita-bicycles.com or any of the services offered by Orbita-bicycles.com, (ii) any violation of these Terms and Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

System Outage / Temporarily Paused Sales

A system outage has occurred if no purchases can be submitted for items due to an unforeseeable disruption in a system. Orbita-bicycles.com is not responsible for any costs incurred by You due to a system outage. Orbita-bicycles.com reserves the right to cancel sales due to system error, bot system users, technical problems, or any other reasonable reason. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Orbita-bicycles.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Orbita-bicycles.com shall not be liable for any damage incurred by Orbita-bicycles.com users or third parties from using Orbita-bicycles.com' services. In particular, Orbita-bicycles.com shall not be liable for damage that occurs due to Orbita-bicycles.com sales, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

Orbita-bicycles.com' logos are trademarks of Órbita Bicicletas Portuguesas Lda. and APLASH INC. Órbita's (Orbita, Orbita Bicycles, Órbita Bicycles) U.S.A. Import and Distribution.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on Orbita-bicycles.com should be made directly to the manufacturer in accordance with their Terms and Conditions. Órbita bicycles and Órbita's products and services in the U.S. will be supported only by APLASH INC.

Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

Failure of the Orbita-bicycles.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

and Severability of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts in which Orbita-Bicycles.com / APLASH INC. Or Orbita (Órbita Bicicletas Portuguesas, Lda.) it operates, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

Claim-Notice of Dispute

Except as provided otherwise in these Terms and Conditions, all notices, requests, instructions, and other communications given to Orbita-Bicycles.com by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to OrbitaBicycles.com, 31st Thomas St, Coram, New York 11727, or by email to  info@orbita-bicycles.com or info@orbita.us.

Terms and Conditions' Updates

These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Other Terms of Orbita-Bicycles.com Services

Please also visit our Legal Notice and or Privacy Policy page for further customer' Conduct and Policies.