TERMS OF SALE
Effective Date: {July 1st, 2021}
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
By making any purchase from Juiced Riders, Inc. (collectively, “Company”, “We”, “Us”, or “Our”), either in-person or through juicedbikes.com (the “Website”), you agree to these and all other applicable terms, including our Terms of Use, Limited Warranty, Owner’s Manual, and Privacy Policy. Please read them carefully.
PRODUCT AND SERVICE DESCRIPTIONS
Our company tries to provide accurate depictions and descriptions of our products and services; however, we do not guarantee that descriptions, colors, dimensions, details, or other content on our Website or other sales materials are accurate, complete, reliable, current or error-free. From time to time, we may substitute components due to availability or other considerations. Therefore, the product you receive may differ from other products that we deliver with reference to the same model. If a purchased product deviates from the description offered on this Website or from other products supplied by us, your sole remedy is to return it in unused condition subject to our returns policy, and excluding items ineligible for return. Furthermore, colors and other details that you see on your computer may vary from the actual product. We cannot guarantee that your computer will accurately display the details of our products and services.
COMPANY, ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES OR OTHER CONSEQUENCES DIRECTLY OR INDIRECTLY RELATED TO ANY DECISION, ACTIVITY, OR FAILURE TO ACT THAT YOU TAKE BASED ON INFORMATION OR OTHER CONTENT PROVIDED ON OUR WEBSITE OR ANY OTHER PLATFORM.
PRICING, PRODUCT AVAILABILITY, AND QUANTITY AND ORDER LIMITS
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Website.
All pricing and availability are subject to change at any time and without notice for the products and services available on our Website. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person or household, or to orders that use the same credit card, billing and/or shipping address, or share any other account or order attribute. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For our purposes, "reselling" refers to purchasing or intending to purchase any product or products from us for the purpose of engaging in a commercial sale of the same with a third party. Users who attempt to circumvent quantity limitations may have orders denied.
Company may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions on revising the order.
PREORDERS AND BACK ORDERS
Your chosen payment method will be charged immediately and in full for any preorders or backorders. Preorders and backorders may be canceled with no processing fee up until the time that the product is received at the Company’s shipping facility. We will provide an estimated date for arrival at the shipping facility. However, it will only be an estimate and may change at any time without notice. Nevertheless, we will either retain or waive the processing fee based upon the actual date the product arrives in stock, not the estimated date.
ORDER CANCELLATION
Orders of in-stock products may be cancelled prior to shipping subject to a 15% processing fee. The cancellation processing fee shall apply to the actual date the product is deemed in-stock rather than any estimates provided by the Company. The projected date for a product to be in-stock is only an estimate, and you may not immediately be advised once a product is considered in-stock. Preorder/backorder products that are not in stock at the time of cancellation may be exempt from the processing fee.
ORDER ACCEPTANCE AND BILLING
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item or items ordered.
You must provide truthful and accurate billing information. Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse.
We reserve the right to limit availability of, and/or to discontinue, any product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any product, service, or other feature that we provide.
If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
PAYMENT PROCESSING
Our Website is powered by a third-party e-commerce platform and all payments made by you are processed through the e-commerce platform’s payment portal. If we accept a pre-order of any product, your account, credit card, or other payment method will be charged immediately and in full upon acceptance of the order, regardless of when the order is expected to ship.
If a credit card chargeback of any amount is issued on an order, any warranty for the products associated with the order will be immediately terminated. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Company or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
FINANCING AND TITLE
We offer, for your convenience, payment financing through a third-party financing company. This third-party financing company is responsible for processing your payments in accordance with the agreed-upon payment plan and your payments are subject to their specified terms and conditions. By choosing to use an alternative payment program, you hold us harmless from any and all claims arising from use of the third-party provider.
Subject to full and complete payment, title and ownership of purchased products shall transfer to you upon delivery or upon presentation to the designated shipping carrier. If you elect to use a third-party financing company to purchase products, title and ownership of purchased products will not transfer to you until payments are complete. If at any time you cease making payments under the agreed-upon terms or initiate a chargeback, title and ownership of the products shall not be transferred to the customer but instead automatically revert back to the Company. In such a case, any warranty shall be suspended until payments resume and the account is brought current or the chargeback is resolved in the Company’s favor.
Some of the products are equipped with GPS devices. In the event full payment of purchased product is not received by the Company, or if for any reason some or all of the payment to the Company is rescinded by the payment processing company, the Company may implement the GPS device to facilitate recovery of the product.
LIMITED RETURNS
Returns will not be accepted without prior authorization so you should contact the Company regarding eligibility. The following items cannot be returned under any circumstance:
- Used products
- Batteries
- Special orders
- Discontinued items
- Gift cards
Pursuant to our New Bike Guarantee, we offer full replacement of defective parts with free shipping within the first 30 days of your e-bike order. However, the Company is not responsible for damage caused by the shipping carrier, or damage to the Product resulting from accidents or wear & tear.
A diminished battery range does not constitute a defective product. In fact, the published expected range on a single battery charge is merely an estimate and not a guarantee. There are many factors that contribute to range, and the Company will not offer an exchange, refund or price adjustment if the product is unable to achieve a particular expected range.
Certain unused products may be returned within 30 days from the date of purchase for a full refund, less a 15% processing fee. Returned e-bikes must be in new condition, have less than 15 miles on its odometer, be free of dirt, wear, dust, fragrance, and other signs of use, and be in the same packaging with all original items (i.e., charger, keys, etc.).
All approved product returns must be delivered to the Company freight prepaid. The Company is not responsible for damage to or loss of returned products. Therefore, we recommend that you insure any products being returned to us and obtain a tracking number of the shipment.
Refunds will be issued after the Company receives and inspects the returned product. If a returned product is damaged, or has signs of wear and tear, the refund price may be reduced by an amount proportional to the cost of damage to products, as determined in Company’s sole discretion.
SUBJECT TO THE FOREGOING, ALL SALES ARE FINAL AND THERE ARE NO RETURNS, EXCHANGES, OR REFUNDS.
SHIPPING
We will ship your accepted order to you at the address you provide when making the order, so long as such address is complete and complies with any shipping restrictions contained on our Website. Once an order is placed, the shipping address cannot be changed due to our fraud prevention policies. You will be responsible for all associated shipping and handling charges. Shipping costs are non-refundable except for charges covered under a new product guarantee. We are not responsible for any delays in shipments. All items purchased through this Website are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are unable to ship to a PO Box or APO address. Shipping must be to a deliverable address located within the contiguous 48 states. Delivery to addresses outside the U.S., and to certain addresses within the U.S., is not available at this time.
DELIVERY
Depending on your location, you may have the option to take delivery of an e- bike assembled and/or delivered by a Company representative, or by a third party technician. In such cases, the Company representative may also demonstrate the product and offer an in-person tutorial. Delivery and instruction may be offered for an additional fee, which will be specified at the time of the order. Any additional paid services offered by a third-party technician are independent of Juiced, and the third-party technician is solely responsible for such services.
We understand that schedules may change and you may not be available to accept your order at the date and time originally scheduled. In such a case, we ask that you reschedule at least 24 hours prior to delivery. If you are not present to receive your order and failed to timely reschedule the delivery, you will be assessed a $150 fee.
TAXES
We collect certain applicable taxes which are due and payable at the time your order is placed. However, you are responsible for paying any additional sales, use and other taxes, including any applicable duties, relating to any of your purchases of products or services from us.
GOVERNING LAW
YOU AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Subject to our Limited Warranty, we make no representations or warranties of any kind whatsoever, express, statutory or implied, in connection with our products and services as they are offered "AS IS."
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, BODILY INJURY OR DEATH, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.
To the extent your jurisdiction does not allow limitations on warranties, or the exclusion or limitation of certain damages. The aforementioned limitation may not apply to you.
YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF A PRODUCT OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH A PRODUCT, TERMINATION OF YOUR USE OF THE PRODUCT IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
ARBITRATION OF DISPUTES; WAIVER OF CLASS ACTIONS
With respect to any dispute, claim or controversy regarding products you purchase from Company, any dispute relating in any to these Terms of Sale, or the relationship between the Parties will be resolved entirely through confidential binding individual arbitration in California, rather than in court, and you agree to submit yourself to the jurisdiction and proceedings thereof. The Federal Arbitration Act and federal arbitration law apply to this agreement. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR, HOWEVER, CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES, AND MUST FOLLOW THESE TERMS OF SALE AS A COURT WOULD.
Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AMERICAN ARBITRATION ASSOCIATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
SEVERABILITY
If any provision of these Terms of Sale shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Sale will otherwise remain in full force and effect.