Terms and Conditions for The Cybex Store

Key Points:

These Terms and Conditions govern purchases made at the Cybex Flagship Store, a retail store operating in New York City, and they apply to both in-store and online transactions conducted directly by the Cybex Flagship Store (does not include www.cybex-online).

All sales are subject to product availability, pricing accuracy, and compliance with New York State consumer protection laws.
Returns and exchanges are accepted within 30 days with a valid receipt, subject to specific conditions outlined below.
Warranties, where applicable, are provided as per manufacturer terms and New York State law.
Any disputes will be resolved under New York State law.

Acceptance of Terms

By purchasing products from The Cybex Store (referred to as "the Store," "we," or "us"), you agree to be bound by these Terms and Conditions. These terms apply to all purchases made in-store or directly through our store’s website and may be updated periodically (does not include www.cybex-online). The most current version is posted in-store.

Pricing and Payment

Pricing: All prices are listed in U.S. dollars and include applicable New York State and NYC sales taxes unless otherwise stated. Prices are subject to change without notice. We strive to ensure pricing accuracy but reserve the right to correct errors. If a pricing error occurs, we may cancel the order and issue a full refund.
Payment Methods: We accept cash, major credit/debit cards (Visa and MasterCard), and contactless payments (e.g., Apple Pay). Personal checks are not accepted. Cybex Gift Vouchers are accepted (Please note: The credit balance of a gift voucher will neither be paid out in cash nor does it bear interest (See below in section on Gift Vouchers).
All payments are processed in accordance with New York State financial regulations.
Promotions and Discounts: Special offers, discounts, promotions, or coupons are subject to specific terms provided at the time of offer and cannot be combined unless explicitly stated.

Product Availability and Descriptions

Products are subject to availability, and our obligation extends only as long as supplies last. If an item is out of stock, we will suggest a substitute. In any event we will comply with New York State consumer protection guidelines in the case of misunderstandings.
We make every effort to ensure product descriptions, images, and specifications are accurate. However, we are not liable for minor discrepancies (e.g., color variations due to lighting or screen settings).

Returns and Exchanges

Return Policy: Products purchased in-store or online may be returned or exchanged within 30 days of purchase, provided they are unused, in original packaging, and accompanied by a valid receipt. Certain items (e.g., clearance, personal care products, or electronics) may have additional restrictions as indicated at the time of purchase.
Refunds: Refunds will be issued to the original payment method. Insofar as the store will not have accessible cash on hand in excess of $100, cash refunds will be handled by bank transfer / ACH in the amount of the refund. Customer may instead elect a store credit in lieu of bank transfer / ACH. Refunds for defective products comply with New York General Business Law § 218-a.
Exchanges: Exchanges are subject to product availability. If the desired item is unavailable, a store credit may be issued.

Warranties and Guarantees

Manufacturer Warranties: Products may carry manufacturer warranties, details of which are provided at the time of purchase or in product documentation. We facilitate warranty claims but are not responsible for manufacturer defects.
Sole Guarantee: The guarantee provided by the product manufacturer is the sole guarantee extended, and we explicitly disavow any implied guarantees other than may be required by New York law.

Shipping and Delivery (If Applicable)

For online or special orders, shipping costs and delivery times will be provided at checkout. We comply with New York State regulations on delivery disclosures (New York General Business Law § 218).
Risk of loss transfers to the customer upon delivery. We are not liable for delays caused by third-party carriers.

Customer Conduct

Customers and their guests are expected to behave respectfully in-store. Disruptive behavior may result in refusal of service and removal, as permitted under New York State law.
Surveillance may be used in-store for security purposes, in compliance with NYC privacy regulations.

Limitation of Liability

To the fullest extent permitted by law, the Cybex Flagship Store is not liable for indirect, incidental, or consequential damages arising from any visit to our store or to the purchase or use of our products.
Our liability for defective products is limited to repair, replacement, or refund as per New York State consumer protection laws.

Compliance with New York State and NYC Laws

We shall comply with all applicable New York State and NYC consumer protection laws, including but not limited to New York General Business Law § 396 (deceptive practices), § 218-a (refunds), and NYC Administrative Code § 20-700 (unfair trade practices).
All signage regarding returns, pricing, and policies shall be posted in-store as required by NYC DCWP regulations.

Contact Information

For questions or concerns, contact us at:

Phone: +1 332 230 4494
Email: store.ny@cybex-online.com
Address: 127 Greene Street, New York, NY 10012.
Website: www.cybex-online.com/en/us/cybex-new-york-store

Further Detailed Information

Purpose and Scope

These Terms and Conditions are designed to establish a clear, legally compliant framework for transactions at the Cybex Flagship Store, 127 Greene Street, New York, NY 10012, a retail business operating in New York City. They cover in-store purchases, online transactions (if applicable), and related services such as returns, warranties, and customer support. The terms ensure compliance with New York State and NYC consumer protection laws while protecting the store’s operational interests.

These laws inform the structure of our pricing, return, and warranty policies are intended to ensure transparency and fairness.

Pricing and Payment Details

Tax Compliance: New York State imposes a combined state and local sales tax rate of 8.875% in NYC (4% state + 4.5% city + 0.375% Metropolitan Commuter Transportation District). All prices include this tax unless otherwise noted, as required by NYC DCWP regulations.
Error Correction: Pricing errors may occur due to system glitches or human oversight. In such cases, we follow NYC guidelines to notify customers promptly and offer a refund or the option to purchase at the corrected price.
Payment Security: Credit/debit card transactions are processed through PCI-compliant systems to protect customer data, in line with New York State cybersecurity regulations (23 NYCRR 500).

Return and Refund Process

The 30-day return window aligns with common retail practices in NYC and exceeds the minimum requirements under New York law, which mandates refunds only for defective goods. Our policy allows returns for non-defective items to enhance customer satisfaction, provided the items are unused and in original packaging. For defective products, we adhere to New York General Business Law § 218-a, offering repair, replacement, or refund at the customer’s discretion.

Table: Return Policy Overview

Condition	Eligible for Return	Timeframe	Requirements	Outcome
Unused, original packaging	Yes	30 days	Valid receipt, original condition	Refund or exchange
Defective product	Yes	30 days	Valid receipt, proof of defect	Repair, replacement, or refund
Clearance items	Limited	14 days	Valid receipt, store discretion	Store credit

Warranties and Product Quality

Implied Warranties: Under New York Uniform Commercial Code § 2-314, all products carry an implied warranty of merchantability, ensuring they are fit for ordinary use. For example, a stroller must function as a stroller. This warranty applies unless explicitly disclaimed at the time of sale (e.g., “as-is” sales).
Manufacturer Warranties: Many of our consumer products come with manufacturer warranties ranging from 90 days to a year. Warranty details are provided with the product at purchase. We are able to assist with claims, but we are not liable for manufacturer obligations.

Gift vouchers

These General Terms and Conditions apply to all gift vouchers issued by CYBEX in the CYBEX Flagship Store.
The value, duration and expiry term can be found on the gift vouchers. Each gift voucher is valid for a specific period. After the expiry date, the gift voucher can no longer be used.
Gift vouchers issued by CYBEX in the CYBEX Flagship Store in NYC are only redeemable for purchases in the CYBEX Flagship Store in NYC. This means that a gift voucher cannot be used for online purchases or purchases in other stores than the CYBEX Flagship Store in NYC.
Gift vouchers or their residual value cannot be exchanged for money.
Gift vouchers may not be returned for refund.
Any residual value of a gift voucher can be used for future purchases in the CYBEX Flagship Store.
If the total amount of a purchase is higher than the value of the gift voucher(s) used, the difference must be paid with one of the other payment methods set out in the Pricing and Payment section above.
In the event that Cybex issues a refund for whatever reason, the part of the invoice that has been paid by means of a gift voucher will be refunded by means of issuance of a new gift voucher for the corresponding refundable amount.

Shipping and Delivery Considerations

For stores offering online sales or special orders, delivery terms must comply with New York General Business Law § 218, which requires clear disclosure of delivery timelines and costs. We partner with reputable carriers (e.g., USPS, UPS) and provide tracking information. Customers are responsible for inspecting deliveries upon receipt and reporting damages within 48 hours, aligning with standard carrier policies.

Customer Rights and Protections, Security and Privacy

New York State and NYC have robust consumer protection laws that shape retail operations and prioritize consumer rights. We strive to exceed these standards.

Right to Clear Information: All pricing, return policies, and warranty details shall be posted in-store and online, as required by NYC Administrative Code § 20-701.
Protection Against Deceptive Practices: We avoid misleading advertising or pricing, in compliance with New York General Business Law § 396.
Access to Dispute Resolution: Customers can escalate unresolved issues to the NYC Department of Consumer and Worker Protection by calling 311 or visiting nyc.gov/dcwp.

In-Store Surveillance: To ensure safety, our store uses video surveillance in compliance with NYC privacy laws. Footage is stored securely and accessed only for security or legal purposes.
Data Protection: For online or card transactions, we adhere to New York State cybersecurity regulations (23 NYCRR 500) and federal standards (e.g., PCI-DSS) to safeguard customer information.
New York General Business Law § 218-a: Requires retailers to clearly disclose refund policies and process refunds for defective or nonconforming goods.
New York General Business Law § 396: Prohibits deceptive trade practices, such as misleading pricing or advertising.
NYC Administrative Code § 20-700: Addresses unfair trade practices and requires clear signage for pricing and return policies in NYC retail stores.
New York Uniform Commercial Code § 2-314: Implies warranties of merchantability for goods sold, ensuring products are fit for their intended purpose.

These laws inform the structure of our pricing, return, and warranty policies to ensure transparency and fairness.

Dispute Resolution Process

Any disputes arising from purchases will be governed by New York State law. If a customer has a concern, we encourage direct contact via our customer service channels. If unresolved, customers may:

Customers may contact the NYC Department of Consumer and Worker Protection (DCWP) for assistance with unresolved issues via 311 or nyc.gov/dcwp.
Pursue mediation or arbitration, as permitted under New York State law.
Seek legal recourse in New York State courts, governed by New York law.

Updates to Terms

We reserve the right to update these Terms and Conditions to reflect changes in law, business practices, or product offerings. Updates will be posted in-store and on our website, with the effective date noted.