Legal Disclaimer & Liability Waiver
Please read these terms carefully. By submitting a bike for consignment or purchasing through Ciclovelo, you agree to the conditions outlined below.
A. "Best Efforts" Inspection & Limited Liability Disclaimer
Non-Destructive Visual & Mechanical Inspection
Ciclovelo performs non-destructive visual and mechanical inspections, basic safety checks, drivetrain cleaning, and component tune-ups. Ciclovelo does not perform internal structural imaging, ultrasound, X-ray, or destructive testing on carbon fiber, composite components, or internal frame channels.
Inspection reports represent a "best efforts" visual assessment of observable condition at the time of intake. Ciclovelo makes no warranties, express or implied, regarding hidden carbon degradation, internal fatigue, micro-fractures, or latent defects resulting from prior undisclosed crashes, improper torque applications, or manufacturing anomalies.
B. Buyer "As-Is" Purchase, Payments & Final Acceptance
1. Inspection and Final Acceptance ("As-Is" Sale)
All pre-owned bicycles, framesets, and wheelsets sold through Ciclovelo are purchased on an "AS-IS, WHERE-IS" basis with no post-sale warranties expressed or implied by Ciclovelo.
The buyer has an opportunity to inspect the item at the agreed appointment. If the item is consistent with the listing and written disclosures, a decision not to proceed because of fit, feel, preference, or buyer-supplied compatibility information does not make the reservation deposit refundable.
Nothing in these terms limits a consumer right that cannot legally be waived.
2. Ciclovelo-Managed Payments
Ciclovelo coordinates reservation deposits and final buyer payments as part of its managed marketplace service. Reservation deposits are administered under the Reservation Deposit Policy, and complete cleared payment is required before an item is released.
3. Reservation Deposits Do Not Transfer Ownership
Payment of a reservation deposit temporarily changes the listing’s marketplace status to Pending. It does not transfer title, ownership, or possession to the buyer.
Ownership transfers only after buyer acceptance, receipt of the complete cleared payment, and physical hand-off or delivery.
C. Seller Warranty of Title & Authenticity
Clear Title & Serial Verification
The Seller explicitly warrants and represents that they are the sole lawful owner of the submitted bicycle/wheelset, holding full, unencumbered title free of any liens, claims, security interests, or encumbrances.
Seller warrants that the frame serial number is intact and unaltered and that the item is not reported stolen. Seller agrees to indemnify and hold harmless Ciclovelo against any legal claims regarding ownership disputes.
D. Bailee Custody & Risk of Loss
Consignment Custody & Insurance
Title to the consigned item remains with the seller until the buyer has accepted the item, complete buyer payment has cleared and physical hand-off has occurred. Seller payout is issued afterward in accordance with the Marketplace Terms. While in Ciclovelo’s physical custody (during pickup, detailing, photography, and buyer demonstration), Ciclovelo maintains reasonable bailee care.
In the event of catastrophic loss, theft, or damage due to Ciclovelo's gross negligence, liability is limited strictly to the agreed net seller payout valuation.
E. Assumption of Risk, Release of Liability & Rider Safety Waiver
1. Inherent Risk of Cycling
The Buyer explicitly acknowledges that cycling is an inherently hazardous activity involving predictable and unpredictable risks of physical injury, severe bodily harm, paralysis, or death, as well as property damage. These risks may arise from mechanical or structural failure of the bicycle or its components, hidden material fatigue, road hazards, weather conditions, collisions with motor vehicles or pedestrians, and rider error.
2. Component Failure, Assembly & Negligence Waiver
The Buyer understands and agrees that pre-owned bicycles and lightweight carbon components can experience sudden, unpredictable catastrophic failure, including on the initial ride following hand-off.
To the fullest extent permitted by law, Ciclovelo shall not be held liable or responsible for any mechanical breakdown, component fracture, detachment, tire blow-out, brake failure, or physical crash occurring at any point after hand-off—EVEN IF SUCH FAILURE IS ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, ERRORS, OMISSIONS, BREACH OF CONTRACT, OR BREACH OF DUTY OF CARE (INCLUDING IMPROPER TORQUEING, ASSEMBLY, ADJUSTMENT, TUNING, OR INSPECTION) BY CICLOVELO OR ITS OPERATORS.
3. Full Waiver and Release of Liability
To the fullest extent permitted by law, the Buyer, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby fully releases, waives, discharges, and holds harmless Ciclovelo (and its founders, operators, employees, agents, and affiliates) from any and all claims, demands, causes of action, damages, losses, costs, or liabilities (including legal fees) arising out of or related to:
- Personal injury, illness, disability, or death resulting from the operation, transportation, or use of the purchased bicycle.
- Property damage or financial loss resulting from any crash, mechanical failure, or component defect.
- Any alleged negligence by Ciclovelo regarding the assembly, inspection, adjustment, or sale of the bicycle.
4. Rider Responsibility & Safety Protocol
Upon taking physical delivery, the Buyer assumes 100% responsibility for performing pre-ride safety checks (tire pressure, brake function, bolt torque levels, and quick-release/thru-axle security) prior to every ride, wearing an approved helmet and appropriate safety gear at all times, and obtaining independent, periodic professional maintenance from a certified bicycle mechanic.