Terms And Conditions Of Sale
TERMS AND CONDITIONS OF SALE (“TERMS”)
For custom products, please also refer to Section 14 – Custom Products below.
These Terms apply to “www.enve.com” (hereinafter, “the Website”) operated by Enve Composites, LLC. (hereinafter, “ENVE”, we” or “us” as the context may require).
The Online Shop found on the Website is owned by and operated by ENVE . Products sold on the Online Shop are sold by ENVE (hereinafter, “Products”).
By using the Online Shop, you agree to receive communications from us electronically, either via email or other electronic means. You understand and agree that all communications from us, including but not limited to agreements, notices and disclosures satisfy any legal requirement that such communications be in writing.
These Terms give you specific rights. You may have other rights, which may vary by jurisdiction.
- ABOUT THESE TERMS.
These Terms only apply to purchases made in the Online Shop. By using the Online Shop, you agree to these Terms. From time to time and without notice, ENVE may change the Terms. Please familiarize yourself with the Terms each time you use the Website and the Online Shop.
Information contained in any of ENVE’s advertising, promotional materials, on ENVE web sites, is for information only and not an offer by ENVE to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS THROUGH THE ONLINE SHOP YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS.
Additional terms and conditions are required to be accepted for Employee or other Hookup purchase programs.
- PLACING AN ORDER.
Please note that we only deliver Products to addresses in the United States.
To be able to buy Products you must:
Provide your name, address, phone number, email address, payment details and other required information.
- Be at least 18 years of age.
- Provide a delivery address in the United States (Note that ENVE is unable to deliver to certain addresses).
- Be the owner or authorized holder of a valid debit/credit card.
- ORDER PROCESSING AND CONTRACT FORMATION.
You agree that your order is an offer to buy the Products listed in your order under these Terms. All orders must be accepted by ENVE. After having received your order, we will send you a confirmation email (“Your ENVE Order”) with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between ENVE and you will not take place unless and until you have received your ENVE order confirmation email. You order confirmation email is your proof of purchase. Please save that email for your potential future use.
Please note that ENVE may decline orders which raise questions of authenticity
With the exception of orders for Custom Products, you have the option to cancel your order at any stage by contacting ENVE at 877.358.2869 or email@example.com before we have sent Your ENVE Order confirmation email. Due to the nature of producing Custom Products, please note that Custom Products are not returnable and are not available for refunds.
- PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES.
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation email. ENVE may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
ENVE charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your purchase total and displayed in your ENVE Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on Your ENVE order confirmation email.
- PRODUCT AVAILABILITY, DELIVERY, AND CIRCUMSTANCES BEYOND REASONABLE CONTROL.
ENVE does not guarantee the availability of any Product in the Online Shop. ENVE reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by ENVE.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
ENVE shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
- COMPATIBILITY, PRODUCT INFORMATION.
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other ENVE (or non-ENVE) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment must be made using credit/debit cards approved by ENVE. Approved payment card types are listed in the Online Shop. Payment card details must be provided upon order placement. Your payment card may be rejected if: (i) the name on the credit card does not match the billing name provided or (ii) the billing address provided does not match the bank records. Your payment card will be charged at the time of order. We will not ship the ordered Products to you until your card issuer has authorized the use of your card for payment of the ordered Products. ENVE reserves the right to unilaterally cancel any order that appears fraudulent.
Some Custom Products may not require full payment at the time of order placement. If this is the case, payment will be collected in installments at different phases of the order process. Payments specified as “Deposits” are refundable. Payments specified as “Down Payments” and “Final Payments” are not refundable.
- TITLE TO PRODUCTS.
ENVE retains full legal title to Products until it has received all amounts due on the ordered Products.
- RETURN AND REFUND, OTHER OPTIONS.
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the Product within forty-five (45) calendar days after the date of receipt of original purchase and correctly follow the instructions on the return form provided with your shipment. You must reference your packing slip on the return form. In order to return a Product and receive a refund, the Product must be resalable; meaning in its original packaging, unused, and unmounted. Returned Products are subject to inspection by the ENVE returns team.
Once we have received and validated your returned items, we will confirm it by email. If accepted, your refund will be processed and confirmed by email.
If an exchange for an item greater than the cost of the original purchase is requested, we will contact you for payment of the balance. If an exchange for an item lesser than the cost of the original purchase is requested, we will issue a refund of the balance to your original form of payment. Return labels are not provided for returns or exchanges.
INCORRECTLY DELIVERED ITEMS:
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please promptly contact ENVE at 877.358.2869 or firstname.lastname@example.org for assistance. Due to the nature of producing Custom Products, please note that Custom Products are not returnable and are not available for refunds. We will need a copy of your original order information and photos of what items were incorrectly shipped or received.
Returns and exchanges will need to be coordinated through the original point of purchase of the Product.
If the Product was purchased through a dealer, such dealer’s return policy shall govern the return or exchange.
- HOW TO RETURN ITEMS.
A pack slip and return form will be inserted within your package with return instructions.
You must return the items in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
Please treat the items with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card thirty (30) calendar days after the date of receipt of the delivery.
Please note that ENVE will only process returns and refunds for items bought in this Online Shop.
ENVE provides limited warranties to buyers who purchase Products. ENVE warrants new ENVE products sold by ENVE or an authorized ENVE dealer to be free from defects in materials or workmanship for five years from the original purchase date as shown on your proof of purchase (Product registration required). Modified, misplaced, misused, melted, improperly installed, or blatantly abused ENVE product is not covered by the ENVE warranty. ENVE brake pads and ENVE brass nipples are designed specifically for our rims, and thus failure to use either voids your warranty. Purchases made through eBay or similar resale sites, or purchases of used or modified Products, are not supported by ENVE’s warranty. Please find additional information on ENVE’s warranty policy and claim submission process at: https://www.enve.com/support/warranty/.
SUBMITTING A WARRANTY CLAIM THROUGH YOUR DEALER:
- Take the affected Product in to your dealer. Please remember to bring your proof of purchase.
- We will work with your dealer to get the Product back as soon as possible.
LIFETIME LOYALTY CLAIMS:
ENVE offers a Lifetime Loyalty Guarantee Program to the original owner for ENVE manufactured products. This catchall program covers accidents which fall outside of our warranty coverage for any reason.
Our goal is to keep customers in the ENVE family for life. No matter what the circumstance, as part of this program, the price of replacement ENVE product is 50% off the listed local MSRP. Please note that sales tax, freight, VAT/Import duties, shipping, and labor are not covered by ENVE. Additional replacement parts are not covered by ENVE.
- PERSONAL DATA.
- OUR LIABILITY.
These Terms set out the full extent of our obligations and liabilities in respect of the sale of Products.
Except for the express limited warranty for the Product purchased, ENVE disclaims any and all implied warranties, including the warranty of merchantability, warranty of non-infringement, and the warranty of fitness for a particular purpose. You waive any and all claims relating to the Products and Online Shop with respect to any special, incidental, or consequential damages. ENVE further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on ENVE’s behalf or modifications made to the Products by anyone other than ENVE or those authorized by ENVE. ENVE further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product’s intended use. These Terms give you specific legal rights; you may have other rights depending upon where you live. Some jurisdictions do not allow the exclusion or limitation of special, incidental or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.
- CUSTOM PRODUCTS.
ENVE may at times offer the ability to customize ENVE products (“Custom Products”) Each Custom Product is made specifically to your specifications and as a result, your orders can’t be modified, cancelled or returned.
On the order review page, you will have a chance to review your Custom Product submission and make changes before you purchase. This is very important because a Custom Product cannot be returned and your purchase of any Custom Product is non-refundable. PLEASE MAKE SURE ALL INFORMATION IS CORRECT before you proceed to purchase your Custom Product.
If you want to make a correction or just change things up, you can do so before you purchase your Custom Product. While in the order review page, just click “Continue Editing” and you’ll be taken back to the customize screen to make your desired changes. Once you are satisfied, remember to review your changes carefully on the REVIEW AND BUY screen because a custom product cannot be returned. Your Custom Product is made to order just for you and we cannot accept returns. The exception is if the Custom Product was not produced correctly according to your confirmed proof. Please contact ENVE at 877.358.2869 or email@example.com for information regarding a defective Custom Product.
PLEASE NOTE: We reserve the right to refuse any requested customization in regards to any of the following: Your Custom Product submission may not contain any profanity, which includes without limitation, any offensive language, slogans or acronyms deemed inappropriate, derogatory, or profane. Custom Products may not use any third-party marks, athlete images, corporate logos or team logos, names of professional athletes and/or celebrities, or any other trademarked marks, words or phrases. By ordering a Custom Product, you state your understanding and agreement that the Custom Product submission is accurate and does not contain any restricted text, and that you own all rights, titles, and interest in any images or logos uploaded. Custom Products will go through an extensive quality control process. If any Custom Product submission includes any restricted language or names, or any other material which ENVE deems in its sole discretion to be inappropriate or not eligible for customization, the order will not be processed.
- TRADE-IN PRODUCTS.
ENVE may at times offer the option to trade in product in exchange for a discount off of a new product. The coupon to participate in the program via ENVE.com can be generated at enve.com/lp/upgrade. Generate the proper coupon for the type of wheelset you will trade in to ENVE for the trade in credit. At the time of check out, apply the coupon. A deposit will be added to your order that will be refunded when the trade in product is received at ENVE. ENVE is allowed seven (7) business days to process the refund of the deposit. Once the Trade In transaction is processed for the Trade In Product, ENVE cannot guarantee that the Trade-In product can be returned to the customer. ENVE may offer a refund equaling the Trade In coupon value in place of returning the physical Trade In product.
PLEASE NOTE: We reserve the right the refund the value that matches the item that is received. If a coupon is generated for an ENVE wheelset, and a Non-ENVE wheelset is returned, the refund value will be adjusted. If a wheelset is sent back that does not meet the criteria of “rideable condition”, ENVE may elect to send back the trade in wheelset and not offer a refund.
Rideable condition is defined as: “Structurally sound (no cracks, but scratches are ok), capable of holding a tire, reasonably true, and accepting of cassette and rotors if applicable.”
If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- GOVERNING LAW.
These Terms shall be governed and construed in accordance with laws of the State of Utah, USA.
- CONTACT DETAILS.
Last revised March 2021.