Terms of service

 

1.      General Terms and Conditions. This document contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions which may apply to you and your use of this website. Please read this document carefully.

a.      These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.

b.      By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

c.      You may not order or obtain products from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province, state, or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website’s contents, products or services by applicable law.

d.      These terms and conditions (the “Terms”) apply to the purchase and sale of any products through “Motorized Nation Ebikes” (https://www.motorizednation.org) (the “Site”). These Terms are subject to change by Motorized Nation Ebikes Ltd. (“us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review and be familiar with these Terms before purchasing any product that is available through the Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of an agreement to any such changes.

2.      Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Our fulfilment of your purchase order made through our Site does not constitute acceptance of any additional terms and conditions not contained herein and does not serve to modify or amend these Terms.

3.      Prices and Payment Terms. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment for any such products must be received by us before our acceptance of an order. We accept payment via Visa, Mastercard and PayPal, PayPlan Finance by RBC, for all purchases on the Site. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4.      Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products you order to you within a reasonable time after the receipt of your purchase order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the shipping carrier and we are not liable for any loss of product by any and all third-party carriers, contractors, or subcontractors which may handle the product throughout the course of shipping and while in transit. Shipping and delivery dates are estimates only and cannot be guaranteed under any circumstances. We are not liable for any delays in shipments, or any loss or damage that occurs during transit. Notwithstanding the foregoing, if we have not received payment in full for the products prior to their delivery, for any reason whatsoever, then the products will remain our property until such time as payment is received in full.

5.      Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided that such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such products are returned in their original packaging and condition. To return products, you must call (672) 472-3831 or email our Returns Departments at motorizednation@outlook.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number obtained from us.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately fourteen (14) business days upon our receipt of your returned products. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

6.      Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any particular product or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products offered on our Site. However, the products and services offered on our Site may be covered by the manufacturer’s warranty as may be detailed in the product’s description on our Site and included with the product, where applicable. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty or contact the manufacturer directly for more information.

a.      ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTIBILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE OR USE; (C) OF TITLE; OR (D) AGAINST INFRINGEMENT OF INTELLECTUAL PROEPRTY RIOGTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

b.      Some jurisdictions limit or do not allow the disclaimer of implied or other conditions and warranties so the above disclaimer may not apply to you.

c.      YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU, AS MAY BE APPLICABLE.

7.      Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

8.      Use and Safety. It is your responsibility to be aware of specific local restrictions on the use or operation of our products in the area in which you will use or possess our products. Any alterations, modifications, or other changes made by you to our products following your purchase which affect the safety, operation, or mechanics of the product may void the manufacturers warranty, if applicable, and all such alterations, modifications, or other changes shall be made at your sole risk of harm and liability.

9.      Product Liability Claims. Promptly upon our receipt of a claim of injury (including death) or damage alleged to have been caused by, related to, arising from, or in connection with your use or possession of our products, we shall provide notice seeking indemnification for same, as follows:

a.      You shall defend, indemnify and hold Motorized Nation Ebikes Ltd., its directors, officers, agents, contractors, licensors, partners, service providers, subcontractors, suppliers, employees, parent companies, and subsidiaries, harmless from and against any and all claims, demands, loss, damages, liabilities, including settlements entered into in good faith, costs, expenses, including reasonable legal fees (each, a “Claim”) incurred by you, Motorized Nation Ebikes Ltd., or any other person or entity, in connection with personal injury (including death) or damage to property, alleged to have been caused by, related to, arising from, or in connection with: (a) your purchase or use or possession of any of our products; (b) any violation by you of these Terms; (c) any third party which you have caused to use or possess the products you ordered from this Site; or (d) your violation of another party’s rights or applicable law.

b.      We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses to such Claims.

10.  Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own us only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

11.  Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from acts beyond the Impacted Party's reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, or other natural disastrous or catastrophic events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms;  (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by it under this Section 10, either party may thereafter terminate the purchase or sale made in accordance with these Terms upon fourteen (14) days' written notice.

12.  Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

13.  Compliance with Law. You shall comply with all applicable laws, regulations and ordinances in respect to your use of this Site, and your anticipated use and possession of our products. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that you need to carry out your obligations under these Terms, as may be applicable. You shall comply with all import laws of all countries involved in the purchase and shipment of the products ordered through our Site. You assume all responsibility and liability for shipments of products requiring any import clearance, and we may terminate your order, with no notice to you, upon any governmental authority imposing antidumping or countervailing duties or any other penalties on the products you order through our Site.

14.  Waiver of Recourse to the Courts and Binding Arbitration. You and Motorized Nation Ebikes Ltd. are agreeing to give up any rights to litigate claims in a court, when permitted by applicable law. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (Whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through this Site, will be resolved exclusively and finally by binding arbitration.

a.      The arbitration will be administered by the British Columbia International Commercial Arbitration Centre pursuant to the Domestic Commercial Arbitration Rules of Procedures, then in force (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 Vancouver, British Columbia, Canada, and will be conducted in the English language.

b.      The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

c.      If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

15.  Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16.  No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Motorized Nation Ebikes Ltd.

17.  No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

18.  Notices. For the purposes of this agreement, the parties may be notified as follows:

a.      To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide and consent to us using upon placing an order for products from the Site; or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b.      To Us: To give us notice under these Terms, you must contact us as follows: (i) by email transmission to motorizednation@outlook.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to 19567 Fraser Hwy Mailbox #459 Surrey, B.C V3S6K7. We may update the email transmission address or delivery address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

19.  Severability. If any provision of these Terms is deemed to be invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20.  Entire Agreement. Our order confirmation email, these Terms, our Website Terms and Conditions of Use, our Website Privacy, and any other online sales terms and conditions agreed upon between the parties, as applicable, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

21.  Acknowledgment of Terms. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our products, whether 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 Motorized Nation Ebikes Ltd.