KEVIN’S CREATIONS LLC (DBA RIDE 1UP) TERMS OF USE AND SALE
EFFECTIVE DATE: June 20th, 2020
Is There A Legal Agreement That Covers My Use Of The RIDE 1UP Website?
AGREEMENT BETWEEN USER AND KEVIN’S CREATIONS LLC (DBA “RIDE 1UP”) (HEREINAFTER REFERRED TO AS “RIDE 1UP”)
The RIDE 1UP Website is composed of various web pages operated by RIDE 1UP. “RIDE 1UP Website” shall be defined herein to include RIDE1UP.com and all other web pages operated or hosted directly by RIDE 1UP or offered by RIDE 1UP via a third-party hosting service provider (“Services”).
The RIDE 1UP Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the RIDE 1UP Website constitutes your agreement to all such terms, conditions and notices.
Can The Terms Of Use and Sale Be Changed?
MODIFICATION OF THESE TERMS OF USE AND SALE
RIDE 1UP reserves the right to change the terms, conditions, and notices under which the RIDE 1UP Website is offered in our sole discretion, including but not limited to the changes associated with the use of the RIDE 1UP Website. Your continued use of the RIDE 1UP Website following the posting of revised Terms of Use and Sale means that you accept and agree to the changes.
RIDE 1UP reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.
What About Third Party Websites That Are Linked To The Website?
LINKS TO THIRD PARTY SITES
The RIDE 1UP Website may contain links to other websites (“Linked Site(s)”). The Linked Sites are not under the control of RIDE 1UP, and RIDE 1UP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RIDE 1UP is not responsible for webcasting or any other form of transmission received from any Linked Site. RIDE 1UP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RIDE 1UP of the site or any association with its operators.
What If I Want To Hyperlink To The Website?
HYPERLINKS TO THE RIDE 1UP WEBSITE
You may create text hyperlinks to the RIDE 1UP Website, provided such links do not, directly or indirectly, (a) portray RIDE 1UP or any of its Products in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
What About Passwords For My Access To The RIDE 1UP Website?
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to RIDE 1UP for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify RIDE 1UP immediately at [email protected] You agree to not share access to the RIDE 1UP Website.
What Are RIDE 1UP’s Terms of Sale for Products and Services?
TERMS OF SALE
Please read these Terms of Sale carefully as they form the basis of your contract with RIDE 1UP. This agreement is made at the time of you ordering any products or services offered to you and purchased by you via a RIDE 1UP Website (“Products”) and becomes legally binding upon your first payment for the Products. By purchasing Products from RIDE 1UP, you signify you have read and accepted these Terms of Sale.
(a) Ordering and Product/Services Policies
You must be 18 years of age or over and possess the legal capacity and authority to purchase Products from RIDE 1UP. You may not use RIDE 1UP Products for any illegal or unauthorized purpose. RIDE 1UP reserves the right to refuse service to anyone for any reason at any time.
RIDE 1UP may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that RIDE 1UP makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. RIDE 1UP reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
Certain Products may be available exclusively online through the RIDE 1UP Website. These Products may have limited quantities and are subject to return or exchange only according to RIDE 1UP’s Shipping/Refund Policy.
RIDE 1UP has made every effort to display as accurately as possible the colors and images of our Products that appear on the RIDE 1UP Website; however, the look of the final purchased Product may differ from Product images shown on the RIDE 1UP Website. RIDE 1UP does not guarantee that your computer monitor’s display of any color will be accurate.
RIDE 1UP reserves the right, but is not obligated, to limit the sales of its Products to any person, geographic region or jurisdiction. RIDE 1UP may exercise this right on a case-by-case basis. RIDE 1UP reserves the right to limit the quantities of any Products that it offers. All descriptions of Product pricing are subject to change at any time without notice, in the sole discretion of RIDE 1UP.
RIDE 1UP reserves the right to discontinue the offering or sale of any Product at any time. Any offer for purchase of any Product made to RIDE 1UP on the RIDE 1UP Website is void where prohibited.
Prices for RIDE 1UP Products are subject to change without notice, in the sole discretion of RIDE 1UP.
RIDE 1UP is not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product.
(b) Payment and Credit Card Services
You agree to provide current, complete and accurate purchase and account information to RIDE 1UP for all purchases made at the RIDE 1UP Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that RIDE 1UP can complete your transactions and contact you as needed.
You understand that your Submissions (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
(c) Shipping and Returns Policy
It is the responsibility of you the customer to VERIFY SHIPPING ADDRESS and delivery date. Ride1up is not responsible for lost or missing packages delivered by the carrier. If the carrier cannot deliver the product to the address provided, you will be charged up to a $250 fee for the product to be resent or returned and restocked in our inventory. Ride1up will deduct the fee from any potential return.
There is a 30-day return policy on our electric bikes. After assembling and testing your bike, if you are not satisfied with the bike for any reason, please contact our support team, [email protected]. We will provide you the correct address for return. You will receive 100% refund as long as the bike arrives back to us in the condition it was delivered to you. We only charge a restocking fee for orders that are cancelled or shipments returned that were never assembled or tested. From your refund we will deduct the cost of cleaning and repairing any aspects of the bike that were damaged of left dirty by the buyer returning the bike. Buyer is responsible for the cost of return shipping. Buyer is also responsible for safely packaging and shipping the bike to us within 30 days. If you have damaged or failed to safely package the bike, we will deduct the damages from the refund. We suggest keeping the original packing material and box until you are sure the bike is the right fit for you. This way you will be able to safely repackage and re-secure the bike for return shipping.
Returns are only available for customers ordering in the United States within the contiguous 48 states.
Returns are not available on batteries or accessories.
Customer pays return shipping costs.
The customer must provide tracking within 30 days of delivery and ensure the product arrives safely without damage to the return shipping address.
The product arrives free from damage, even if damaged occurred during return shipment.
Orders may not be cancelled during shipment or once processed by our facility.
(d) Pre-Order and Cancellation Policy
Pre-orders are charged at the time of ordering. The product will be listed "Out of Stock" with an estimated ship date.
The estimated shipping date may change based on the color or model you select. Shipping estimates may be changed and are not guarantees.
You can contact us via email at any time before your order has processed for shipment for a refund.
Cancellations/refunds before shipping will be subject to a 3% payment processing charge which goes to the credit card companies (this is a charge we do not get back).
If an order is cancelled during or after it is processed for shipment, or returned to sender upon delivery at the correct address, it will be subject to a $250 fee.
VERIFY SHIPPING ADDRESS and delivery date. If the carrier cannot deliver the product to the address provided, you will be charged up to a $250 fee for the product to be resent or returned and restocked in our inventory. Ride1up will deduct the fee from any potential return.
The estimated shipping date listed on the product page may change for new orders as models are sold. We will work to fulfill orders on a first-come-first-served basis
(e) Warranty Information (eBike)
Each new Ride1UP electric bike comes with a limited manufacturer’s warranty for the original retail purchaser. This warranty provides each original retail purchaser of a Ride1UP eBike with a warranty against manufacturer’s defects only.
Warranty claims only exist for initial faults that were already present at the time of handover. Ride1UP grants a 1-year guarantee for manufacturing defects only.
If your product is shipped to you and arrives damaged, please contact us directly by phone or e-mail within 3 working days from the date of delivery. Please note that any damage caused by shipping is not covered by any warranty, however a claim may be filed with the shipping company and we will work together to resolve damaged goods on arrival. Minor scratches to components don't necessitate replacement or any refund, but for major aesthetic damage a credit may be issued, or replacement sent if the item is functionally damaged. We will not cover any damage caused when owner sets up their own shipping option including using a freight forwarding or similar service.
Ride1UP reserves the right to determine if the product has been operated in accordance with the products intended use and whether user error and or neglect is the cause for the product damage or failure. Ride1UP may require video and photographic submissions to review each warranty claim.
This warranty shall be effective only if all the following conditions are met:
If the bike was purchased directly from Ride1up.com or one of our authorized retailers.
If you are the original and first owner of the bike (warranty is not transferable)
If the bike has followed all intended use purposes
If the electronics have not been repaired or modified.
If the bike was assembled or reviewed prior to use by a bike mechanic. Proper professional assembly is required for upholding the Limited Warranty.
Rider and purchaser is 18 years of age or over and possesses the legal capacity and authority to purchase and ride an eBike.
The bike is ridden only on paved roads and trails. Using the bike for any other purpose may result in serious injury.
Maximum total weight of rider including any cargo is at all times below 275lbs.
WARRANTY EXCLUSIONS
The warranty applies only to customers purchasing in the contiguous United States. No other party other than Ride1UP may change the terms. This WARRANTY DOES NOT COVER THE FOLLOWING:
Normal wear and tear from use or exposure to the elements.
Damage or failure from abuse, neglect, misuse, or accident.
Damage or failure from modification of any of the bikes systems.
Damage or failure of any part of the electrical system resulting from improper storage or charging of the battery. Improper charging of the battery could cause serious external damage to persons or property.
Installation of any 3rd party parts, accessories, or electrical components.
Lost or damaged keys to the bike are not covered by warranty.
All warranties are void if used for any purpose other than the reasonable intended use.
How To Handle Warranty Claims
Ride1UP will cover labor and parts within the 30-day period after purchase. Our credit for labor is based on a standard fee schedule for bike repairs and could be higher or lower than the cost at your local bike shop. You must wait for us to ship warrantied component rather than replacing on your own. Please allow 1-3 weeks for shipping replacement components. It is the owner’s responsibility to immediately inspect your bike on receipt, within 3 days. Freight claims are time sensitive. To quickly resolve the issue the owner must send an email with a photo and/or video if appropriate to [email protected] We will make any necessary repairs to remedy the situation.
After 30-day free repair period Ride1UP will ship replacement parts within the year at no charge. The owner will be responsible for labor. Warranty parts will be shipped in the U.S. only at our cost. It will be necessary to send an email with a photo and or video as appropriate to [email protected] so we diagnose any issue.
Ride 1up reserves the right to make judgement determinations of proper use based on the evidence provided and may require additional photos and or videos of the item or issue in question.
WARRANTY EXCLUSIONS The warranty applies only to customers purchasing in the Mainland United States. No other party other than Ride1up may change the terms. This WARRANTY DOES NOT COVER THE FOLLOWING: Normal wear and tear from use or exposure to the elements. All normal wear and tear damage to the product is not covered by warranty. Any portion of the product worn or broken from use is not covered by the warranty.- Damage or failure from abuse, neglect, misuse, or accident.
- Damage or failure from modification of any of the boards systems.
- Damage or failure of any part of the electrical system resulting from improper storage or charging of the battery. Improper charging of the battery could cause serious external damage to persons or property and it is the sole responsibility of the purchaser to ensure proper battery care and charging only with the authorized charger.
- Installation of any 3rd party parts, accessories, or electrical components.
- Lost or damaged remote to the board is not covered by warranty.
- All warranties are void if used for any purpose other than the reasonable intended use.
- a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
- b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
- d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement.
- e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
- f) Website: The primary website we've noted above will be referred to as Website.
- a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link;
- b) May not be purchased by an already-existing partner or affiliate of the Company;
- c) May not be purchased prior to the Affiliate joining the Affiliate Program;
- d) May only be purchased through a properly-tracking Affiliate Link;
- e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
- f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;
- g) May not have been induced by the Affiliate offering the customer any coupons or discounts;
- a) Payouts are only available when a threshold of the following amount is met: $250 (two hundred fifty US dollars).
- a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.
- a) You further agree not to use the Affiliate Program:
- I) To publish or share ANY coupon codes or discount codes with prior written consent.
- II) To violate any intellectual property rights of the Company or any third party;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
- IX) To harass, abuse, or threaten others or otherwise violate any person's legal rights.
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
- b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: San Diego, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: San Diego. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- E) SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
- G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: [email protected]