1 TERMS OF SERVICE / MONTHLY BILLING TERMS
Welcome! These Terms of Service, which incorporate by reference our
(collectively, the “Terms” or “Agreement”) are a legal contract between you
(“you” or “your”) and Streyker Club (“Company,” “we,” “our,” or “us”) governing
your access to and use of our websites, any applications where these Terms are
posted, and when you make any purchase from us (collectively the “Service”). By
accessing or using the Service, you agree to be bound by these Terms. If you do
not agree, you must immediately stop accessing and using the Service. These
Terms contain important provisions, including provisions outlining the
automatically renewing Streyker Club and provisions that require arbitration of
individual claims and limit your potential remedies.
Streyker Club TRIAL AND SUBSCRIPTION TERMS
Streyker Club. Company offers a subscription membership (the “Streyker Club”),
which provides access to [premium discounts, exclusive offers, and insider
content, and free shipping on certain items], according to these Terms and as
displayed to you at the time you enrolled. Company may change Streyker Club
promotional terms from time to time but will not increase fees without reasonable
advance notice to provide an opportunity for you to cancel. Company may also
offer additional deals from time to time, which will be confirmed during the
checkout process.
Free 10- Day Trial Period. If you enroll in a free trial period for the Streyker
Club, you are not charged for 10 days from the date of purchase for the
subscription membership (you will be charged for any physical products that you
purchase). However, you will be required to provide payment information to pay
for the Streyker Club fees, including any taxes, which will be due once the trial
period ends, unless you cancel as outlined below. New members only.
Charges and Automatic Renewals. On the day after your trial ends, your credit
card or other payment method on file will be charged the Streyker Club] fees of
34 dollars 95 cents USD (exclusive of taxes) without obtaining your further
confirmation. Further, your Streyker Club will automatically renew each billing
period of 30 days, and you will be charged 34 dollars 95 cents USD (exclusive
of taxes) every 30 days, until you cancel.
Cancellation. If you do not want to continue the Streyker Club after the trial
period or if you wish to cancel the Streyker Club at any time, you may do so by
filling out the Cancel Membership form on our Website, or by opening a support ticket
now at least 6 hours before the next billing period with your full name and the email
and physical address associated with your use of the order.
Your failure to cancel or your continued use
of the Streyker Club reaffirms that Company is authorised to charge you for, and
you are responsible for paying, all Streyker Club fees.
Eligibility for Promotions and Free Shipping
To access exclusive promotional discounts, such as our ongoing sale, and to qualify for free shipping, customers are required to join our membership program.
Membership Requirement: Customers must sign up for our Streyker CLUB program, which includes a 10-day free trial. After the trial, membership will automatically continue at the standard rate unless canceled before the trial ends.
Benefits Activation: Free shipping and promotional discounts are only available to active members. Non-members are not eligible for these benefits.
Cancellation Policy: Members can cancel their membership at any time during the free trial without incurring charges. If canceled, promotional discounts and free shipping will no longer apply.
Verification: We reserve the right to verify membership status before processing any orders with free shipping or promotional discounts.
Payment Methods. By providing a credit card or other payment method, including
through the checkout process, express checkout, or using PayPal, Google
Pay, Apple Pay, or otherwise, you warrant that you are authorized to use the
payment method and authorize Company and any third-party payment processors
and billing agents to charge your payment method for the total amount due. If the
payment method cannot be verified or is not accepted, your purchases and
Streyker Club may be cancelled. These Terms shall constitute authorization to the
issuer of the payment without requiring a signed receipt from you, and Company
will not be liable for insufficient funds or charges incurred by you resulting from
collection of fees. If you provide a debit card number instead of a credit card
number, you authorize all charges to be applied to such debit card. Company
reserves the right to correct any errors or mistakes for payment at any time.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including for physical
products and the Streyker Club, unless otherwise indicated at checkout or as
otherwise required by applicable law or determined by us in our sole discretion.
If you qualify for a return in our sole discretion, your inquiries and returns should
be directed to us as outlined below.
Cancellation of orders
We reserve the right to cancel any order at our discretion, either fully or partially. In the event that an order is canceled, a full refund will be processed to the original payment method used during the transaction. However, cancellation of an order does not automatically cancel your Streyker Club membership. You must actively cancel your membership to avoid future charges. Refunds may take up to 5-10 business days to reflect in your account, depending on your bank's policies.
2 DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Florida, USA, without regard to its conflict of law principles. The proper venue for any judicial action arising out of or related to this Agreement shall be the courts of Quebec (a “Court of Competent Jurisdiction”). You and the Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside Canada and bring a Claim against the Company outside Canada, applicable laws may authorize you to bring a Claim against the Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through
informal negotiations, any Claim shall be finally and exclusively resolved by
binding arbitration. “Claim(s)” means any claim or dispute between the parties
and/or their parents, subsidiaries, affiliated entities or persons, employees,
agents, members, partners, officers, owners, managers, directors, independent
contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns,
and each of their owners and/or agents (collectively, “Company Entities” who
shall be third-party beneficiaries of this Agreement where referenced) arising out
of or related to this Agreement or the Service. This arbitration provision is
reciprocal, and any election to arbitrate by one party shall be final and binding
on the other. This arbitration provision, including the interpretation and
enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS
(www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration
provision. The parties shall each participate in the selection of a neutral arbitrator
pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and
Company agree to arbitrate using an alternative arbitral forum. All remedies
available to the parties under applicable laws shall remain available in
arbitration. All issues, including the interpretation and enforceability of this
arbitration provision, shall be determined by the arbitrator. Unless you and
Company agree otherwise in writing, the final arbitration hearing shall take place
in person at the JAMS facility located in Canada, provided that either party may elect
to have the arbitration conducted by video, conference or telephone.
If you initiate arbitration against Company, you will be
required to pay an initial fee of $250 (unless you qualify for a waiver), and all
other arbitration costs (including any remaining Case Management Fee and fees
for the arbitrator’s services) shall be paid as determined by the arbitrator. If
Company initiates arbitration against you, Company shall pay all costs
associated with the arbitration. Regardless, you and Company will each pay your
own attorney’s fees and costs unless an award of attorney’s fees is available
under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of
each Claim. The award will also provide a concise written statement of the
essential findings and conclusions on which the award is based. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to
stay proceedings pending arbitration, to modify, confirm, vacate, or enter
judgment on the award entered by the arbitrator, or for injunctive relief in aid of
arbitration. You agree that without this provision, you would have the right to sue
in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY
BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A
MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF
THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL
CLAIMS.
3 DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable
laws. Some jurisdictions may not allow the exclusion of certain warranties or the
limitation of certain damages, so some of the below terms may not apply to you.
Company Entities, and their owners and agents, are intended third-party
beneficiaries of this Section. No advice or information obtained by you through
the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY
ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN
ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER
COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERRORFREE.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES,
OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER
INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD
FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF
THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR
DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER
THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS
A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT
LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS
AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS
EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
4 ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf
of yourself, your personal representatives, and your heirs, voluntarily agree to
release, waive, discharge, hold harmless, defend, and indemnify Company and
its parents, subsidiaries, affiliated companies, employees, agents, officers,
owners, directors, successors, and assigns (who shall be third-party beneficiaries
of this provision) from any and all claims, actions, or losses for bodily injury,
property damage, wrongful death, emotional distress, loss of privacy, or other
damages, loss, or harm, whether to you or to third parties, that may result from
your access to or use of the Service.
5 MODIFICATION & TERMINATION
Modification. Company may modify this Agreement, including the Privacy Policy,
at any time upon posting a new version via the Service or by other notice to you.
You should review this Agreement periodically. Your continued access to or use of
the Service constitutes acceptance of modified provisions. This Agreement may
otherwise only be modified by a writing signed by both parties.
Errors. The Service may contain errors, inaccuracies, and omissions, which
Company may correct at any time but has no obligation to do so. Company may
modify or discontinue the Service, including any products, descriptions, and
prices, at any time. Company is not responsible for the accuracy or completeness
of all content provided with the Service, and content is provided for general
information only. Company makes efforts to display product photographs and
information accurately, but we cannot guarantee that your display will be
accurate.
Termination. Company may terminate this Agreement, the Service, your account,
and your Streyker Club at any time for any reason without prior notice. If you
wish to terminate this Agreement, you should cease using the Service; and if you
wish to cancel your Streyker Club, you should follow the instructions outlined
above. Sections 2, 3, 8, 9 and every policy shall expressly survive any termination of this
Agreement.
6 YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use
the Service and, if you are using the Service on behalf of a company, authorized
to enter into this Agreement on behalf of that company. You warrant that all
information you provide in connection with your use of the Service is current,
complete, and accurate and that you will update that information as necessary.
You are responsible for maintaining the confidentiality of any credentials and
information used in connection with the Service, and you agree to notify
Company immediately of any unauthorized use of the same. We reserve the right
to suspend or terminate your use of the Service, including your account, and to
suspend or cancel your Streyker Club for a violation of this Agreement or any
applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable
laws, Company grants you a non-exclusive, non-sublicensable, revocable, nontransferable, limited license to access and use the Service solely for your personal
access and use in the manner intended by the Service. This license does not allow
you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any
portion of the Service without our prior express written consent. Upon termination
of this Agreement, your account, or as otherwise directed by Company, this
limited license shall immediately cease, and you must stop accessing and using
the Service.
Your Account. To use parts of the Service, such as to access your Streyker Club
benefits, you must use an account. You represent and warrant that all account
information you provide is current, complete, and accurate and that you will
update that information as necessary. You are responsible for maintaining the
confidentiality of your account information, and you agree to notify Company
immediately of any unauthorized use of your account. We reserve the right to
refuse, suspend, or terminate your account and right to use the Service, or take
such other action as we deem necessary in our discretion at any time for any
reason subject to applicable laws.
Communications with Company. By providing your email address or
communicating with us, you expressly consent to receiving our marketing
communications. Providing consent to promotional communications is not a
condition of purchasing any goods or services. You can unsubscribe from
marketing communications at any time by following the unsubscribe instructions in
each communication or by contacting us as outlined below. If you unsubscribe
from advertising content, we may still send you non-promotional communications,
such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the
following, either by yourself or assisting another, in connection with your access
to or use of the Service:
1. a) Using the Service in any manner not intended (including any commercial
re-sale use);
2. b) Using the Service in any manner that violates these Terms or any
applicable law;
3. c) Providing false, misleading, or inaccurate information to Company or
anyone else;
4. d) Impersonating or otherwise misrepresenting affiliation with any person or
entity;
5. e) Using any engine, software, tool, agent, or other device or mechanism
(including spiders, robots, avatars, or intelligent agents) to harvest or
otherwise collect information;
6. f) Accessing content or data not intended for you or that you are not
authorized to access;
7. g) Probing, scanning, or testing the vulnerability of the Service or any
associated system or network, or breaching security or authentication
measures without proper authorization;
8. h) Interfering with the Service (including through malware or exploiting
vulnerabilities);
9. i) Forging, modifying, or falsifying any network packet or protocol header or
metadata; and
10. j) Modifying, reverse engineering, or disassembling the source code used by
Company.
Indemnification. You are responsible for your account and actions. As such, you
shall defend, indemnify, and hold harmless Company and Company Entities from
and against all claims, actions, demands, causes of action, and other
proceedings, including attorney’s fees, arising out of or related to your account,
your actions, or your violation of these Terms or applicable laws.
7 THIRD PARTY SERVICES
The Service may be linked with or refer to the services, websites, platforms,
content, information, goods, services, or tools of third parties (collectively, “ThirdParty Services”), some of which may have established relationships with Company
and some of which do not. Company has not reviewed and does not control
Third-Party Services. Company does not represent, warrant, or endorse any ThirdParty Services, or the accuracy, completeness, usefulness, lawfulness, or quality of
Third-Party Services. Third-Party Services should not necessarily be relied upon,
and their third-party authors are solely responsible for their content. Company
shall not be liable or responsible for any loss or damage resulting from your
reliance on Third-Party Services.
8 INTELLECTUAL PROPERTY
Company, Company’s name and logo, Company’s website domain(s), and all
content and other materials available through the Service (collectively, the
“Company IP”), exclusive of your content and third-party content, are the
trademarks, copyrights, intellectual property, and proprietary content of and
owned by Company or its licensors and suppliers. Neither your use of the Service
nor this Agreement grant you any right, title, or interest in, or any license to
reproduce or otherwise use, the Company IP. You agree that any goodwill in the
Company IP generated as a result of your use of the Service will inure to the
benefit of Company, and you agree to assign, and do assign, all such goodwill to
Company. You shall not at any time, nor shall you assist others to, challenge
Company’s right, title, or interest in, or the validity of, the Company IP. All rights
not expressly granted in this Agreement are reserved by Company.
9 MISCELLANEOUS
This Agreement is the entire agreement between Company and you concerning
the Service. The language in this Agreement shall be interpreted in accordance
with its fair meaning and not strictly for or against either party. Should any part of
this Agreement be declared invalid, void, or unenforceable by the arbitrator or
Court of Competent Jurisdiction, such decision shall not affect the validity of any
remaining portion of this Agreement, which shall remain in full force and effect,
and this Agreement is severable. A waiver by either party of any term or
condition of this Agreement, or any breach, in any one instance, will not waive
that term or condition or any later breach. This Agreement and all of your rights
and obligations under it will not be assignable or transferable by you without the
prior written consent of Company. This Agreement will be binding upon and will
inure to the benefit of the parties, their successors, and permitted assigns. No
agency, partnership, joint venture, or employee-employer relationship is intended
or created by this Agreement. Except where expressly stated herein, there are no
third-party beneficiaries to this Agreement. The headings in this Agreement are for
convenience only. These Terms apply to the fullest extent permitted by applicable
laws. You may have other rights and remedies not outlined above. These Terms
and any offers are void where prohibited. Neither party will be liable for any
delay or failure to perform any obligation under this Agreement where the delay
or failure results from any cause beyond that party’s reasonable control, including
“acts of God,” labor disputes or other industrial disturbances, electrical or power
outages, utilities or other telecommunications failures, pandemics, epidemics,
earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts
or orders of government, acts of terrorism, or war.
10 REFUND POLICY
We stand behind the quality of our products and guarantee our workmanship.
Any defects or errors on our part are eligible for a replacement at no charge
within 7 days. If 7 days have gone from your delivery date, unfortunately, we
can’t offer you a replacement.
Please check below for more information:
I. Once an order number has been generated, we will no longer be able to
make CHANGES, EDIT or CANCEL the order.
II. It is the customer's RESPONSIBILITY to do their due diligence in researching the
product/s they're buying online.
III. All our products have gone through a meticulous product selection
and extensive Quality Assurance so we can provide you with the most useful
products that are affordable and of high quality. We DO NOT ACCEPT returns or
exchanges due to user errors such as incorrect selection of
sizes, designs, accidental purchases, or colors.
IV. For returns due to a change of mind, there'll be a 25% RESTOCKING FEE and
the customer is RESPONSIBLE for the COST of sending the item back. Please submit a ticket
for further instructions.
IV. Our products are manufactured under market demand; thus, they are not
always available items.
V. Advertised images may slightly differ from actual items in terms of color due to
the lighting during photo shooting or the monitor’s display. Please allow a 20%
difference between the advertised images and the actual item you received.
VI. On account of the worldwide Supply Chain issues caused by the COVID-19
pandemic, to avoid delays in your order, our Production Team operates 24/7
and strives to process your order as soon as we have received your payment.
A. INCORRECT QUANTITY & PRODUCT ORDERED
When placing an order and before making your payment, the customer has
the FULL RESPONSIBILITY to ENSURE that the number of items on their cart and the
product they're ordering is both correct. Once an order number has been
generated, we will no longer be able to make CHANGE, EDIT or CANCEL (except at our discretion)
the order.
We would like to ask that you make sure everything is in order before making a
payment.
B. EXCHANGE / REPLACEMENT [If Applicable]
We are committed to providing you with the most affordable products without
compromising quality and without having to leave your home, and are happy to
replace your order for any of the following reasons:
I. The product is flawed and/or damaged.
II. The product you have received is different from what you have ordered. Note:
Your item must be in the same condition that you received it, unworn or unused,
with tags, and in its original packaging. You’ll also need the receipt or proof of
purchase.
III. Please with a photo of the product you have received along
with detailed shots you wish to include.
IV. Our Quality Assurance Team will review your submitted photos. If your claim
is approved [only applicable to defects or errors on our part], we will provide you
with a replacement free of charge.
V. Any unauthorized returns, or returns of items that are washed, worn, or
damaged will not be eligible for a replacement, and the item will be forfeited.
C. DAMAGES AND ISSUES
Please inspect your order upon delivery and contact us immediately if the item is
defective, or damaged or if you receive the wrong item so that we can evaluate
the issue and make it right.
D. DELIVERED TO THE WRONG SHIPPING ADDRESS
You will receive an order confirmation to your order's registered email address
after placing your order.
Please ensure that your shipping address is correct. Once you received your
shipping confirmation/tracking number we would no longer be able
to CORRECT your shipping address. When this happens, you can contact your
local post office so they can help you correct your incorrect shipping address.
E. RETURNS DUE TO A CHANGE OF MIND
For returns due to a change of mind, there'll be a 25% RESTOCKING FEE and the
customer is RESPONSIBLE for the COST of sending the item back. Please
for further instructions.
You can always contact us for any return questions. You may submit a ticket.
SALES TAX
Sales tax rates are determined by the jurisdiction of the customer's state and
country. These taxes are not included in the listed price of the item; instead, they
are calculated and added to the order total at checkout.
SHIPPING & HANDLING FEES FOR DISCOUNTED ITEMS
Shipping fee is not included in any discounted or upsell items that you purchase
after your initial order, unless stated otherwise. These fees are separate and must be paid in addition to
the cost of the product because it is a separate cost that is typically charged
based on the weight, size, and destination of the package. Including shipping
and handling costs in the discounted offer may increase the overall price of the
order.
STORE CURRENCY
Your card will be charged in USD as the default currency. Depending on your
card's local currency, your bank or credit card company may apply extra fees,
potentially increasing the overall cost of your purchase. Please contact your bank
for more information on these fees. You may read our article entitled
for more information regarding our store currency.
1. CONTACT US
For customer support inquiries and returns, please submit a ticket.
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December 6th 2024: edited 2. DISPUTE RESOLUTION. (Quebec)
Edit January 8th 2025: Lowered subscription price from 38.95 down to 34.95.
Edit January 8th 2025: Increased free trial period from 7 days to 10 days.
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