Website Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and applicable law. If you do not agree to these terms and conditions, please do not use this site.
1. Orders Subject to Acceptance
All orders are subject to approval and acceptance in writing by Soma Cycle, Inc., d/b/a Zigo, Inc. ("Zigo"), at Zigo's offices in South Orange, New Jersey U.S.A.
2. Entire Agreement
Acceptance of orders, whether oral or written, is based on the express condition that Buyer agree to all of the terms and conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer's assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein, including by custom, usage of trade or course of dealing or performance, shall be binding upon Zigo unless made in writing and signed and approved by an officer of Zigo. No modification of any of these terms will be effected by Zigo's shipment of goods following receipt of Buyer's order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
3. Modification and Termination
These terms and conditions apply to all buyers accessing the Zigo website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zigo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
All prices are subject to adjustment, without notice, to Zigo's prices in effect at the time an order is accepted by Zigo. Any increase in transportation rates or any changes in routing resulting in an increase in transportation costs shall be paid and borne by Buyer.
For all sales, domestic or international, all accounts shall be paid by credit card net in United States Dollars at Zigo's offices in Zigo's principal place of business prior to delivery.
6. Force Majeure
Zigo shall not be liable for delays in shipment or default in delivery for any cause beyond Zigo's reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, acts of terrorism, embargoes or martial laws, (b) Zigo's inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Zigo or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Zigo's performance due in whole or in part to any cause beyond Zigo's reasonable control, Zigo shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
Buyer is required to pay 7% sales tax if residing in the State of New Jersey.
8. Method of Shipment
Zigo will use all reasonable efforts to comply with Buyer's requests as to method of shipment, but Zigo reserves the right to use an alternate method of transportation or route of shipment if substantial delay might otherwise occur. In such cases Zigo will notify Buyer of such changes as soon as reasonably possible.
9. Limited Warranty
The following Limited Warranty applies to the original consumer Buyer, referred to in the Limited Warranty as "you":
Zigo, Inc. warrants that the ZigoLeader bicycle frame, the Zigo ChildPod frame, and the Zigo
Mango frame will be free from defects in materials and workmanship for a period of 5 years. Zigo also warrants
that the other parts on those products will be free from defects in materials and workmanship for one (1) year from the
date of purchase. Zigo also warrants that the Zigo Authorized Accessories listed as Exhibit A will be free from defects
in materials and workmanship for one (1) year from the date of purchase. This warranty only extends to the original
This warranty does not cover defects or failures due to abuse, neglect, alteration, accidents or wear and tear attributable
to normal use. Defects resulting from improper assembly, or installation of unapproved accessories not compatible to the
base Zigo Leader Carrier bicycle, Zigo Mango or their Authorized Accessories, are not covered. Commercial
use of any Zigo product voids this warranty.
ANY IMPLIED WARRANTIES WHICH THE BUYER MAY HAVE ON THE ZIGO LEADER BICYCLE FRAME, THE ZIGO
CHILDPOD FRAME, AND THE ZIGO MANGO FRAME ARE LIMITED IN DURATION TO FIVE (5) YEARS FROM
THE DATE OF PURCHASE BY THE ORIGINAL CONSUMER BUYER. ANY IMPLIED WARRANTIES WHICH THE BUYER
MAY HAVE ON THE OTHER PARTS OF THOSE PRODUCTS OR AUTHORIZED ZIGO ACCESSORIES ARE LIMITED IN
DURATION TO ONE (1) YEAR FROM THE DATE OF PURCHASE. Some states do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply to you.
At its option, Zigo will repair or replace, or refund the purchase price of, any Zigo Leader bicycle frame, Zigo
ChildPod frame, Zigo Mango frame, other part on those products, or Authorized Accessory, which is defective
or fails to conform with this warranty under normal use and service. To obtain service under this warranty, contact the
Authorized Zigo Dealer from which you bought the product or Zigo if the product was purchased directly from
Zigo. You will need to provide proof of purchase.
Repair or replacement of a defective Zigo Leader bicycle frame, Zigo ChildPod frame, Zigo Mango frame,
other part on those products, or Authorized Accessory, or refund of the purchase price, shall be the sole remedy of the
buyer under this warranty, and in no event shall Zigo be liable for incidental or consequential damages, losses or
expenses. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
EXHIBIT A - ZIGO AUTHORIZED ACCESSORIES
Zigo Jogger Kit
Zigo Trailer Kit
Zigo Restraint Harness
Zigo Environmental Control System
Zigo Rain Cover
Zigo Rear Rack With Wheel Mount
Zigo Infant Insert
Zigo Storage Pod
10. Return Policy
(1) New Products: Zigo will honor returns to its Soma Cycle Returns Center of new products that have never been used for up to 15 days from the delivery date, during which time Buyer can return an item for any reason. The product must be returned unused and in new condition and in the original manufacturer's box with all enclosed documentation and parts. All returns require a Return Merchant Authorization number (RMA#), which can be requested from Zigo's on-line order support. The RMA# is to be marked on the outside of the shipping box used for the return. The RMA will be honored for 15 days from the delivery date. Buyer must ensure that product is returned to receive proper credit. Zigo does not track expired RMA#s. All returns must be sent to "SOMA Cycle Returns Center at the address stated on the Company's website, at Buyer's expense. All freight must be prepaid. A return credit for product cost will be issued within 30 days of receipt in the Returns Center to the credit card account used for the original purchase.
(2) Non-Deliveries: For returns caused by delivery attempts to bad addresses, shipments refused by the recipient, or shipments that are undeliverable for any reason other than errors attributed to Zigo, all shipping charges assessed by the carrier plus a 20% restocking fee will be deducted from the refund credit to be issued to Buyer's credit card. Shipping charges usually consist of shipping to the recipient, shipping back to Zigo, and any address correction fees. Any replacement product must be ordered again as a new order number and will include freight.
(3) Warranty Claims: If Buyer has a product warranty claim under the Zigo Limited Warranty, the product should be returned to the Soma Cycle Returns Center along with proof of purchase. At its option, Zigo will repair or replace, or refund the purchase price of, any defective product. If the product is repaired or replaced, Zigo will ship the product back to Buyer at no cost. If a refund is issued, a credit for product cost, shipping and any handling fee will be credited to the Buyer's credit card account or sent by check.
11. Limitation of Liability
Zigo shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Zigo has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The entire content included in this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Zigo. The collective work includes works that are licensed to Zigo. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Zigo or purchasing Zigo products. Buyer may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for Buyer's own non-commercial use, or to place an order with Zigo or to purchase Zigo products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Zigo. Buyer further agrees not to change or delete any proprietary notices from materials downloaded from the site.
ZIGO, LEADER, the ZIGO LOGO, LEADERLINK, CHILDPOD, MANGO, ZIGALOO, "There's no looking back", "Anything else is just a trailer" and all other trademarks, service marks and trade names of Zigo used in the site are trademarks owned by Zigo.
14. Typographical Errors
In the event that a Zigo product is mistakenly listed at an incorrect price, Zigo reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zigo reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Buyer credit card charged. If Buyer's credit card has already been charged for the purchase and the order is cancelled, Zigo will issue a credit to Buyer's credit card account in the amount of the incorrect price or send the amount by check.
Zigo may deliver notices to Buyer by means of e-mail, a general notice on the site, or by other reliable method to the address Buyer has provided to Zigo.
Buyer's use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to its choice of law provisions, and, for international sales, the U.N. Convention on Contracts for the International Sale of Goods (1980) is excluded. Buyer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Zigo products) shall be in the state or federal courts for South Orange, New Jersey. Any cause of action or claim Buyer may have with respect to the site (including but not limited to the purchase of Zigo products) must be commenced within one (1) year after the claim or cause of action arises. Zigo's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Zigo may assign its rights and duties under this Agreement to any party at any time without notice to Buyer.
17. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zigo or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
18. Participation Disclaimer
Zigo does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zigo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zigo reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Zigo in its sole discretion.
Buyer agrees to indemnify, defend, and hold harmless Zigo its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to Buyer's account (including negligent or wrongful conduct) by Buyer or any other person accessing the site using Buyer's Internet account.
20. Third-Party Links
In an attempt to provide increased value to our buyers, Zigo may link its site to sites operated by third parties. However, even if the third party is affiliated with Zigo, Zigo has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zigo. These linked sites are only for Buyer's convenience and therefore Buyer accesses them at his/her own risk. Nonetheless, Zigo seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
SOMA CYCLE, INC., d/b/a ZIGO, INC.
71 South Orange Avenue
South Orange, NJ 07079