Ebikes-Canada

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    • Purchase Terms & Conditions

    Purchase Terms and Conditions

    Ebikes-Canada.com

    Last updated June 14, 2021

    The Purchase Terms and Conditions (referred to collectively as the “Terms”) is a legal agreement between you and 1346698 Ontario Ltd dba Ebikes-Canada.com, an Ontario Canada based corporation (referred to collectively as “EBC”), and apply to all consumer purchases by you of any model of EBC’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by EBC (collectively with ebikes, referred to as “Products”). By purchasing any Products from EBC, whether online or at our showroom, you thereby agree to these Terms in their entirety.

    1. Application

    These Terms apply to your purchase of the Products and use of the ebike(s). Other interactions that you have with EBC are subject to other agreements, including the:

    1. Owner’s Manual
    2. Site Terms of Use
    3. Privacy Notice
    4. Return Policy
    5. Limited Warranty Terms

    A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.

    2. Ebike Online or In-Store Orders

    You will receive a confirmation receipt when making your purchase online. EBC has accepted your order upon shipment of the ebike.  Even after we send you a confirmation email, we reserve the right, to decline or cancel your order and/or to limit order quantities for any reason, including errors or suspected fraud.

    3. Shipping

    We offer free shipping on all orders over $100.00. Orders under $100.00 will be charged a $7.50 shipping fee and will ship via regular mail through Canada Post. Orders over $100.00 are shipped free of charge via UPS or other national carrier with a tracking number. Battery rates include freight and are usually delivered factory direct in 3-4 weeks although we do have limited stock in our Ottawa warehouse that are available for delivery within a few days.

    Rates apply currently only to shipping to the 10 Canadian Provinces. We can ship the Yukon Territory, Northwest Territories, and Nunavut but specific freight arrangements need to be made prior to shipment. You can contact us through our online form if you require service options to these territories. We do not ship outside of Canada.

    1. EBC will send a shipping confirmation email to the email address associated to the order once the order has shipped.
    2. We will use UPS or other parcel service to ship your order. We DO NOT ship to PO Boxes but arrangements can be made for you to pick up at nearest UPS service center.
    3. Orders containing discounted merchandise may take an additional 48-72 hours to process.
    4. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of UPS or any other parcel service.
    5. If you choose to return your Products, you will be responsible for paying for your own shipping costs. Return shipping costs are not-refundable. We recommend using a shipping service that provides tracking and purchasing shipping insurance. We cannot guarantee that we will receive the item(s) you are attempting to return. For more detailed information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are posted online on our website and incorporated in to the Terms by reference and form a part of these Terms.

    4. Pre-Assembled and Delivered Program Terms

    1. Anyone living within 100 km of Ottawa qualifies for the Pre-Assembled and Delivered Program can have us build and deliver the ebike(s) of their choice along with accessories.  Under the Pre-Assembled and Delivered BD Program, your ebike(s) will be brought to you by an EBC representative. The ebike(s) will be pre-assembled, and will include any purchased accessories. The EBC representative will also provide a manual and a 30 minute tutorial demonstrating how to use and benefit from the features of your new ebike(s), including its operation and battery charging recommendations.
    2. The Pre-Assembled and Delivered Program is at no extra cost but EBC has the right to change this policy and update these Terms at any time, in its discretion.
    3. You will be required to schedule a date and time for the EBC representative to deliver your pre-assembled ebike(s). If you are not at the specified address to receive your ebike(s) at that date and time you will be charged a $100 no-show fee.
    4. All other terms and conditions contained herein will apply to your ebike purchase. Your warranty will begin as of the moment that your ebike(s) arrives with the EBC representative.

    5. Ownership

    1. The title to all Products ordered by you and the risk of loss to such Products will transfer to you at the time EBC delivers said Products to the applicable shipping carrier.
    2. If we have not received payment in full for the Products prior to their delivery, then the products will remain the property of EBC until such time as payment is received in full. We reserve the right 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 if the credit/debit card company requires us to return any payment made for the Products, for any reason.

    6. Returns Policy

    To return any Products, you must obtain written approval for such return from EBC prior to the return. You can contact us through our online form with details and reasons for the return. Any Products sent back to EBC by you without the written consent of EBC shall be rejected and returned to you at your cost

    Products purchased that have not yet shipped can be cancelled for a full refund. Items are no longer eligible for return after 10 days from the date of purchase/delivery.

    7. Ebike Returns

    To return an ebike that is not defective or damaged, you must contact EBC within seven (7) days of your receipt of the ebike. The ebike must be unused, free of any wear and tear, dirt, dust, or any other signs of use. The ebike and must be sealed and unopened in the same packaging and condition in which you received the ebike. Once assembled and ridden outside the ebike can not be returned. We can arrange the return freight but you will be responsible for paying for return freight and will be subjects to a twenty percent (20%) restocking fee (which shall all be withheld from your refund).

    1. Pre-Orders and Backorders and Pre-Order/Backorder Cancellations. Our backorder process is for ebikes that are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship. An expected delivery date will be displayed but are subject to change.
    2. Accessory and Replacement Parts. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it. The purchase of accessories or the receipt of a replacement part under our Limited Warranty shall be eligible for return within thirty (30) days of receipt. You will be responsible for paying for shipping both ways and a twenty-five percent (20%) restocking fee.
    3. Non-returnable/non-refundable Items. Used Products, batteries, special orders and sale items shall not be returnable under any circumstances except in EXTREME cases of breakage/malfunction covered by our warranty. EBC approval is required in any and all EXTREME cases.
    4. Refunds.
      1. If you used a discount code at the time of purchase, any item returned from that order will have the entire discount code value subtracted from the refund, whether you are returning one ebike or multiple ebikes.
      2. Refunds will be made only after the ebike is received and inspected. The inspection process will typically take about seven (7) days once the bike is received. Once the entire inspection is completed, refunds will typically be processed in about two (2) business days.
    5. Process. All approved returns are to be shipped using the shipping label provided during the merchandise return authorization process.

    8. Ebike Performance

    Many factors contribute to actual, real-life range for an ebike battery such as the age of the battery, ambient temperature, the level of pedal assist assist, speed, payload, and terrain. Information regarding the expected range a rider will get on a single charge on one of our ebikes is an estimate, not a guarantee. It is possible to get less than the expected minimum range or greater than the expected maximum range depending on conditions.

    1. Street Legality. Our Ebikes-Canada.com brand of ebikes as manufactured are all street legal in accordance with the federal laws of Canada. It is however  your responsibility to be aware of specific local restrictions on the use or operation of the ebike in your community, which may be more restrictive than the federal laws of Canada.
    2. Off Road Ebikes. EBC does sell a few select high powered ebike models for off-road use. These are not Ebikes-Canada.com brand and are clearly indicated on our website as being for off road use only. The ebikes marked as Off Road ebikes on our website are not for use on public roads in Canada.
    3. Alteration. Alterations, modifications, or other changes of any kind made by you to an ebike following your purchase, which affect the safety, operation, or mechanics of the ebike, shall void the Warranty and shall be at your sole risk of harm.

    9. Payments

    Our website is powered by Paypal and all payments made by you to EBC from our online portal are processed through PayPal’s payment portal. Payments may be declined or returned to you, at EBC’s sole discretion, for any reason. If we accept a pre-order for any Product, your account, credit card, or other payment mechanism will be charged upon approval by EBC, regardless of when your purchase is expected to be shipped. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.

    1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
    2. Financing. We do not offer financing on ebike purchases at this time but we can offer a Layaway option that lets you build up funds in your account with Ebikes Canada.com over a few months. See the Layaway page on our website for more details.

    10. Disclaimer of Implied Warranties

    ALL PRODUCTS OFFERED BY EBC, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. EBC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, EBC, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

    11. Liability

    WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO ANY AND ALL LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. UNDER THESE TERMS EBC IS NOT LIABLE FOR: (i) DEATH OR PERSONAL INJURY EVEN IF CAUSED BY OUR GROSS NEGLIGENCE; (ii) MISREPRESENTATION; OR (iii) ANY OTHER. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

    12. Disclaimer of Certain Damages

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EBC OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OF THE PRODUCTS, EVEN IF EBC, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    13. Acknowledgement and Indemnification

    You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether used as intended or as a result of misuse. You understand that such risks can result in injury, death, illness, or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of EBC. You agree to release, waive, defend, indemnify, and hold EBC and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. EBC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with EBC in asserting any available defenses in an arbitration process.

    14. Governing Law

    These Terms and any disputes between you and EBC will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

    15. Dispute Resolution and Binding Arbitration

    Where permitted by applicable law, all disputes, controversies or claims arising out of or in connection with or in relation to these Terms or the breach thereof, including any and all disputes, claims or question regarding: (a) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms; (b) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of these Terms; or (c) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of a Product, will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the ADRIC Arbitration Rules posted on the ADR Institute of Canada website (ADRIC.ca) then in force (respectively, the “Arbitration Rules”).

    A single arbitrator will be appointed by agreement of the parties, or, if in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be held in Toronto, Ontario unless mutually agreed to in writing by both parties, and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s’ fees and disbursements and arbitrator fees and expenses. Any award and the determination of such arbitrator will be final and binding upon you and EBC. A judgment on the award of the arbitrator may be entered into any court having jurisdiction of the party or parties against whom an award may be issued and each of you and EBC agrees to and hereby waives any defenses against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms.

    THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS.

    16. General

    EBC’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on EBC if it is in a written document signed by EBC. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and EBC intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. EBC may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of EBC’s successors and assigns. No one other than you and EBC, or EBC’s successors and assigns, will have any right to enforce these Terms.

    17. Professional Conduct

    We are here to help. Email is always the best means of contacting us for support of any kind be is sales or technical. We will absolutely NOT tolerate any rude or vulgar language or behaviour towards our staff when communicating. One warning will be offered, after which we reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion.

    18. How To Contact EBC

    EBC can be reached with questions or comments regarding these Terms by using the contact form on our website at www.ebikes-canada.com or by email at info@ebikes-canada.com. Regular mail can be sent to Ebikes-Canada.com, 2164 Montreal Road, Unit 5, Suite #8009, Ottawa, ON K1J 1G4.

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