Terms and Conditions - E-Bike Performance

Terms and Conditions of Sales and Service

Effective Date: August 7, 2023

Introduction and Overview. Welcome to e-bike performance shop LLC. These Terms of Service will help explain your rights and our rights relating to the provision of our Services.

The e-bikeperformance website, at https://www.e-bikeperformance.com/ (the “Site”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms of Use, and services (collectively, the “Services”) are made available to you by e-bike performance shop LLC (herein “e-bike performance,” “we,” “us,” or “our”), a Michigan limited liability company whose address is 144 Center Blvd. Wixom, MI 48392 USA.

These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and e-bike performance. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the e-bike performance Privacy Policy, as it is incorporated into and forms part of this binding Agreement.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, OR BY USING THE SITES OR APPS, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

PLEASE READ THIS AGREEMENT CAREFULLY—IT AFFECTS YOUR RIGHTS.

ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.

CHANGES TO THE TERMS OF USE. We may change, modify or amend these Terms of Service from time to amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarize yourself with any modifications.

CONTINUED USE CONSTITUTES ACCEPTANCE OF THE TERMS. Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.

I. Registration and Accounts

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Affirmative Representations. When you use the Services you agree: (a) to provide true, accurate, current and complete information about yourself (“Member Data”) (b) to maintain and promptly update the Member Data; (c) your use of the Services does not violate any applicable law or regulation; and (d) you are of sufficient age or otherwise have legal capacity to legally enter into this Agreement.

You agree that e-bike performance may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or e-bike performance has reasonable grounds to suspect that such Member Data is inaccurate or not current, e-bike performance has the right to suspend or terminate your account and refuse current or future use of the Services.

Your Responsibilities and Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify e-bike performance of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to e-bike performance.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize e-bike performance to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

II. Conduct

We expect you to honor the e-bike performance Community Standards. The Sites and Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

1. Copying, framing or mirroring any part of the Services;

2. Accessing the Services to monitor its availability, performance or functionality;

3. Permitting any third party to access the Services;

4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to e-bike performance;

5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of e-bike performance internet protocol space;

7. Avoiding payment of charges or fees payable by you with respect to the Services;

8. Committing any act that may be harmful to minors;

9. Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to e-bike performance than a human can reasonably produce in the same period of time by using a conventional web browser;

11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

13. Using the Services for any inappropriate commercial solicitation purposes;

14. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

15. Submitting to the Services or to e-bike performance any personal information, except as necessary for the establishment and operation of your account;

16. Submitting to the Services or to e-bike performance any information that may be protected from disclosure by applicable law;

17. Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;

19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or

20. Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While e-bike performance may recommend the equipment or materials of certain third party suppliers, e-bike performance shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services.

IV. Terms for Purchases

Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Transfer of Ownership to You. Title to all products ordered by you and risk of loss to such products will transfer to you at the time e-bike performance shop LLC delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.

Updates to e-bike Parts. We reserve the right to change any component or part of our e-bikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.

Battery and Range. Please note that there are many factors that contribute to the actual, real-world range of an e-bike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular e-bike based on a full charge of its battery is an estimate, not a guarantee of such performance.

Product Use. e-bike performance takes will accept no liability for injuries or damages occurring from using, accepting or assembling a purchased bike. It is understood that purchaser will abide by all local, federal and state laws.

Alterations Void Warranty. Any alterations, modifications, or other changes made by you to an e-bike following your purchase which affect the safety, operation, or mechanics of the e-bike shall void any applicable product warranty and shall be at your sole risk of harm.

Financing. For qualified purchasers, e-bikes may be financed through our consumer financing partners. The necessary qualifications for financing an e-bike purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an e-bike purchase, and you hereby acknowledge that e-bike performance shop LLC is no way responsible for any such financing.

V. Cancellations

Cancellation of Orders. Due to the speed at which we process orders (as quickly as possible), you must cancel your order within 90 minutes of placing your order. If you do not cancel your order within 90 minutes of placing the order, we cannot change it. Please make your selections carefully and reach out to our team for guidance to ensure you are choosing the right item. If more than 90 minutes have passed since you placed your order we cannot cancel your order.

VI. Returns. If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within [thirty (30)] days of delivery; [and] (iii) the merchandise is returned in the same condition as originally received by you[; and (iv) the goods are not obsolete or discontinued]. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges [and a [20]% re-stocking fee]. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: [URL address]). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

Respect & Understanding

As e-bike riders, we do understand how frustrating it can be to have a technical issue with your bike, or something wrong with your order. And we can relate to your frustration and even anger at times, but we will NOT tolerate rude/vulgar language towards our team. We will offer a warning if such a case occurs, after that, we do reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion. If this decision is made it is final and cannot be undone.

MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS.

We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

LIABILITY CAP.

UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

SHIPPING AND DELIVERY

Our goal is to keep the ordering process as simple as possible.

In-stock e-bike/accessory orders usually ship within 1-2 business days (excl. weekends & holidays) from the warehouse. Arrives in 5-7 business days.

Orders can be edited/changed per your requirements within 90 minutes after it is placed.

The specific shipping time is dependent upon demand, factory production, holiday seasons, weather conditions, and other various circumstances.

SHIPPING COST

We offer free shipping on all of our bikes everywhere within the lower 48 states. Excludes: Alaska/Hawaii, US Protectorates, APO/FPO, PO Box）

SHIPPING METHOD
Shipping is offered through UPS/FEDEX/USPS, which is free everywhere within the lower 48 states. Usually we ship spare parts by USPS and ship e-bikes and batteries by UPS or FedEx. Please provide us your correct and accurate shipping address. If you write incorrect and insufficient shipping address, you might bear the second shipping cost. Once your bike gets shipped out, you will be emailed a tracking number so you can see when the scheduled delivery time will be.

HOW THE BIKE IS SHIPPED
Senada Electric Bikes are shipped 85% assembled. When you receive your bike and are not sure how to assemble the bike, there are online videos to help or just contact us at info@e-bikeperformance.com, we are here to help!

ABOUT DELIVERY
By default, the delivery of the packages does not require signatures. If you need a signature requirement service, please contact Senada support team after placing the order (recommended to contact us within 24 hours), we will help you add a FedEx signature service. Please note that accessory packages are not applicable to signature service.