Terms and Conditions

Welcome to the website of Cleveland CycleWerks. Please read the terms and conditions carefully before use of the website.

BY USING THIS WEBSITE OR BOOKING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND AND GOVERNED BY ALL OF THE TERMS AND CONDITIONS AS SET OUT HEREIN (“TERMS OF USE”).

  1. The domain www.clevelandcyclewerks.in (hereinafter referred to as “Website”) is owned and operated by Laish Madison Motor Werks Private Limited (referred as “we” “us” and “our”) and term “You” or “User” shall mean any natural or legal person who visits the Website and/or has agreed to purchase the Product listed on the Website.
  2. We reserve the right at our sole discretion to change and/or modify any portions of these Terms of Use without any prior written notice. You are requested to check the Terms of Use periodically for any modification / changes. When you use the Website after any modification or change in the Terms of Use it will mean that you have accepted and agree to the revised Terms of Use. As long as you comply with these Terms of Use, We grant you a limited, non-exclusive, non-transferable right, to use our Website for your personal and noncommercial use.
  3. By ticking on the box appearing below you accept and acknowledge that you have read and understood the Terms of Use appearing herein and that you agree that the same is binding on you.

Disclaimer of warranties

  1. You are aware of and admit that:
    1. The content available on the Website including but not limited to text, graphics, designs, logos, photos, trademarks and other intellectual rights(collectively referred as “Content”) appearing on this Website unless otherwise noted are exclusively our property and you are strictly prohibited from using, modifying or reproducing the same in any manner.
    2. Your use of this Website and/or Products is at your own risk. The Product list comprises of “Misfit” and “Ace Deluxe” model and is being offered on the Website on “as available” basis. We expressly disclaim all warranties of any kind, unless it is expressly provided by us under this Terms of Use.
    3. There may be information, advertisement and schemes displayed on this Website of certain banks, financial institutions, non-banking financial companies, individual financiers and dealers. To the fullest extent permissible we disclaim the correctness, viability, availability, merchantability or fitness of such information, advertisement and scheme. You are aware of and confirm that the banks, financial institutions, non-banking financial companies, individual financiers and dealers, etc., are not our agent, partner or principal and we are not providing any guarantee/warranty and/or any representation on their behalf.
    4. We shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages in any way connected with the use or performance of the Website, with the delay or inability to use the Website, the provision or failure to provide services and/or the cost of procuring substitute products or contentdue to failure of delivery of the Product.
    5. We reserve the right to cancel listing of any Product at any time.
    6. You agree, and are hereby put on notice that your use of the Website shall not give rise to any civil or criminal liability under law.
    7. We may collect information on our Website with a sole purpose to improving the performance of our Website. You agree and authorize the same.
    8. Products on this Website are solely for the purpose of sale in India.
    9. On the Website you may find dangerous bike stunts and acts. Please note that these have been performed by the professionals and/or performed under the expert supervision with necessary safety equipment and measures. These stunts may be dangerous and may cause injury, if not performed under the expert supervision. You are advised not perform and/or attempt to perform such stunts or acts shown in the videos. In the event you perform any such stunts and/or acts, then you may do so at your own peril and we will not be responsible for the same in any manner whatsoever.
    10. Without prejudice to the generality of the foregoing, you expressly agree and confirm that:
      1. We have not made any representation to you that this Website will be constantly available and/or available at all;
      2. We shall not be liable to you in any way in relation to the contents of, or use of, or otherwise in connection with the Website.
      3. We do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from our side are free from viruses, worms, Trojan horses and other malicious codes (“Viruses”) or other harmful components;
      4. Whilst we take reasonable care to ensure the accuracy of information displayed on the Website, we will not be responsible for any incorrect or out of date information or other errors that may appear on our Website.
      5. We have made reasonable efforts to display as accurately as possible the colors of the Products as they appear on the Website. However, the actual colour may vary depending upon the setting on your computer system.
      6. We hereby expressly disclaim any implied warranties under any of the laws of India.
      7. In the event the price of the Product that is displayed on the Website is incorrect due to technical or other issues then we reserve the right to cancel any order for the Product at such incorrect price

Price of the product

  1. The price of the Product shall be the price determined by us and uploaded on the Website (“Ex-showroom Price”). The Ex-showroom Price and the other charges of the Product may be revised by us from time to time and shall be displayed on the Website. For the avoidance of doubt, it is clarified that the Ex-showroom Price of the Product as appearing on the Website is inclusive of Goods and Service Tax (GST). Please note that, the Ex-showroom price is exclusive of local taxes, or any other legitimate tax, which you will be required to pay additionally in accordance with the final invoice that will be issued by our authorized distributor.
  2. The cost of insurance, logistics charges, registration cost, road tax or any additional add-ons (which is not covered in the standard Product) shall be charged at actual and is not included in the Ex-showroom Price.

Booking and terms of payment

  1. You can directly book the Product on the Website by following the onscreen prompts after clicking on the Product you wish to purchase.
  2. Once you have selected the Product, you are required to add the Product in your cart. After the Product is placed in the cart, you are directed to a page where you are required to fill all the details like name, delivery address, mode of delivery of the Product, method of payment, contact information etc. You are then directed to the payment gateway for payment of the booking amounts.
  3. The Booking (“the Booking”) will be confirmed only after you make a pre-payment of the booking amount. To ascertain the Booking amount (the Booking Amount) payable on the Product of your choice, click on the Product of your choice. The booking amount can be made via credit/debit card, net banking facilities or mobile wallets.
  4. Once you have paid the booking amount, your Booking will be directed to our Authorized Distributor who will service your requirements.
  5. Our Authorised Distributor offers certain additional services and add-on fixtures and fitting for the Product.
  6. You can inform our Authorised Distributor of the additional services and or the add-on fixtures or fittings that you require, based on which our Authorised Distributor will issue a proforma invoice stating the final price. On your confirmation, our Authorised Distributor will issue the final invoice.

Safety and security of the online transaction

  1. We will to the best of our ability protect and secure your online transaction on our Website and your personal information shared by you at the time of such online transactions.

Availability and delivery of the product

  1. The estimated time for delivery of the Product shall be approx 3-4 months based on the availability of the Product. The delivery time may be altered by us at our sole discretion, subject to your rights hereunder.
  2. If after the Booking of the Product, you wish to change the location of delivery, then we may refer you to another of our Authorised Distributor closest to the new location indicated by you. In the event that there is no Authorised Distributor in such new location, then we will inform you of the same, in which case you will have the option of either continuing with the purchase of the Product from the previously intimated Authorised Distributor or you may proceed to cancel the order.

Title and risk

  1. The risk and title in the Product shall pass on to you once you have made payment of amounts due as per the final invoice raised by the Authorised Distributor.

Product warranty

  1. On sale of the Product to you by our Authorised Distributor, you will receive the standard warranty, the operating manual and other component warranties linked to the Product and the add-on fixtures and fittings that you may have opted for.
  2. Our Warrantee is valid only for the original purchaser of the Product.

Representation, warranties and covenants

  1. All actions and obligations assumed by you under this Terms of Use are legal, valid, binding and enforceable against you.
  2. You will abide by all applicable Laws and regulations in your use of the Website (including laws regarding intellectual property);
  3. You will not interfere with or disrupt the use and enjoyment of the Website by other Users; and
  4. You agree, understand and confirm that the credit/debit card details and/or the net banking details and/or mobile wallet details provided by you for availing of services on the Website will be correct and accurate and you shall not use any credit/debit card and/or net banking facilities or mobile wallets that do not belong to you or where you have not obtained the authority from the owner thereof.
  5. You will not be entitled to assign your obligations or the benefits under these Terms of Use to any other person. You confirm and acknowledge that this is personal to you.

Indemnification

  1. You will indemnify, defend and hold harmless, us, our employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses,relating to or arising out of breach by you of your obligations under the Terms of Use.

Suspension

  1. Should you fail to comply with these Terms of Use, we may block your access to the Website, without providing any prior written intimation.

General provisions

  1. Unless otherwise specified herein, these Terms of Use constitutes an entire agreement between both of us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between both of us with respect to the Terms of Use of the Website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use.
  2. Any notice required or permitted to be given under these Terms of Use shall be in writing addressed to the other shall be delivered at its registered office or principal place of business or place of residence or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
  3. These Terms of Use shall be governed by and construed in accordance with the laws of India and the courts in Mumbai shall have the exclusive jurisdiction.

FIND Showrooms & Service centres

CCW works with independent distributors in each country to setup a strong dealer and support network for our motorcycles.