These Consumer Purchase Terms and Conditions (the “Terms”) are a legal
agreement between you and Maxfoot Bike Inc., (“us” or “we”), and apply to all
consumer purchases by you of any model of Maxfoot’s electric bikes (“ebike(s) ”)
and/or related accessories or other products offered by Maxfoot (collectively
with ebikes, the “Products”) in the United States only. Purchases in Canada and
the European Union must be made through their respective websites and are
subject to the applicable Terms and Conditions contained on their website. By
purchasing any Products from Maxfoot, whether online or at our local dealer
store, or by using the Products you thereby agree to these Terms in their
entirety. Please read these Terms carefully as they list your obligations and
rights and include a requirement that all 0disputes that you may have under
these Terms be taken to arbitration, instead of a jury trial or class action.
1. Application
These Terms apply to your purchase of the Products and use of the ebikes. Other
interactions that you have with Maxfoot are subject to other agreements,
including the:
Limited Warranty Terms
Terms of Use
Privacy Notice
Owner’s Manual
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
In the event you are purchasing an ebike
(i) by ordering online, (ii) in an Maxfoot local dealer store (as opposed to a
direct purchase in store of in-stock item), your order of an ebike is an offer
to buy.
Maxfoot will send you an email confirming our receipt of your order. Maxfoot has
accepted your order upon shipment of the ebike. We reserve the right at any
time, even after we send you a confirmation email, to decline or cancel your
order or to limit order quantities for any reason, including errors or suspected
fraud.
Orders Placed Via Affirm. Orders placed using Affirm as a payment method via
www.maxfoot.bike must be shipped and cannot be picked up in store.From time to
time, in its sole discretion, Maxfoot may promote special offers, codes or
referral programs for certain sales or product launches. Special offers, codes,
and referral programs may not be combined and Maxfoot reserves the right to end
or pause all such offers, codes, or programs at any time.
3. Shipping
All orders on maxfoot.bike can enjoy free shipping to all 48 Contiguous States
in the United States
For Hawaii/Canadian/Mexican customers, please contact us to quote the shipping
cost before placing an order.
For clarity, we DO NOT ship to Alaska, Puerto Rico, or other U.S. territories.
a. A shipping confirmation email will be sent to the email address attached to
the order once the order has shipped.
b. We will use FedEx or other parcel service to ship your order. We DO NOT ship
to PO BOXES or APO.
c. Orders containing discounted merchandise may take an additional forty-eight
(48) hours to process.
d. All such purchases shall be governed by the respective Terms of Purchase
located on those websites. You are solely responsible for ensuring you comply
with all applicable local/state/federal regulations concerning the import and
use of electric bicycles. Acceptance of orders outside of the United States
shall be in Maxfoot’s sole discretion.
e. Any changes that you make regarding shipping once the item is shipped,
including but not limited to changing the address, putting an order on hold, or
updating shipping settings/preferences may delay your receipt of the Products
and replacement Products and/or refunds. If you would like to change the color
or size of your ebike, you must do so prior to your order being shipped.
f. Please note we are not responsible for any lost, stolen, or damaged items due
to the actions or inactions of FedEx or any other parcel service.
g. You will be responsible for paying for your own shipping costs for returning
your item. Shipping costs are non-refundable. We recommend using a trackable
shipping service and purchasing shipping. We cannot guarantee that we will
receive the item you are attempting to return. For more information regarding
our limited warranty and claims process, please review our Limited Warranty
Terms, which are incorporated into by reference and form a part of these Terms.
h. For any third-party shipping outside of Maxfoot’s normal shipping process,
Maxfoot cannot provide ANY additional shipping information or documentation.
4. Ownership
a. Title to all Products ordered by you and risk of loss to such Products will
transfer to you at the time Maxfoot delivers such Products to the applicable
shipping carrier.
b. Notwithstanding the foregoing, 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.
5. Returns Policy
In order to undertake a valid return, you must obtain written approval for such
return from Maxfoot. Any Products sent back to Maxfoot by you without the
written consent of Maxfoot shall be rejected and returned to you at your cost.
a. Purchased Products that have not yet shipped shall be subject to a ten
percent (10%) processing fee.
6. Ebike Returns
To return an ebike that is not defective or damaged, you must contact Maxfoot
within fourteen (14) days of your receipt of the ebike. We will charge 20%
handling and shipping fees from the total amount, and refund the rest to your
credit card. The ebike must have less than ten (10) miles on the odometer, be
free of any wear and tear, dirt, dust, fragrance, or any other signs of use and
must be in the same packaging and condition that you receive it and must include
all items that were inside the box (charger, keys, hardware, etc.). You must
receive prior authorization and a prepaid return shipping label from Maxfoot.
Any warranty issues must be resolved prior to processing a return. Returns are
not allowed after fourteen (14) days of the delivery date.
a. Pre-Orders and Backorders and Pre-Order/Backorder Cancellations. Our
backorder process is for ebikes that have already been available but 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.
b. Accessory and Replacement Parts. Any purchase of accessories or receipt of a
replacement part under the Limited Warranty shall be eligible for return within
thirty (30) days of receipt. Any returned accessory or replacement part must be
unused, free of any wear and tear, dirt, dust, fragrance, or any other signs of
use and must be sealed and unopened in the same packaging and condition in which
you received it. You will be responsible for paying for shipping both ways and
will be subject to a twenty-five percent (25%) restocking fee.
c. Non-returnable/non-refundable Items. Used Products, batteries, special
orders, sale items, gift cards and gifted orders shall not be returnable except
in EXTREME cases of breakage/malfunction covered by our warranty, and then only
after receipt of our approval for the return.
d. Refunds.
i. Any item returned with an order that used a discount code will have the
entire discount code value subtracted from the refund value, whether you return
one ebike or multiple ebikes.
ii. Refunds will be made after the Ebike is received and inspected.
e. Process. Please ship all approved returns using the shipping label provided
during the return merchandise authorization process.
7. Ebike Performance
Please note that information regarding the expected range on a single charge on
one of our ebikes is an estimate, not a guarantee. There are many factors that
contribute to actual, real-world range for an ebike battery such as age of the
battery, temperature, level of assist, speed, payload, and terrain. Given the
right conditions, it is possible to get less than the expected minimum range or
greater than the expected maximum range. Maxfoot reserves the right to use
substitute parts, material, or equipment of equivalent quality and value that
meet Maxfoot’s strict standards).
a. Alteration. Any alterations, modifications, or other changes made by you to
an ebike following your purchase which affect the safety, operation, or
mechanics of the ebike shall void the Limited Warranty and shall be at your sole
risk of harm.
8. Payments
Our website is powered by Shopify and all payments made by you to Maxfoot are
processed through Shopify’s payment portal. Payments may be declined or returned
to you, in Maxfoot’s sole discretion, for any reason or no reason at all. If we
accept a pre-order of any Product, your account, credit card, or other payment
mechanism will be charged upon approval by Maxfoot, regardless of when your
purchase is expected to ship. 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.
a. Tax. All applicable taxes (including sales tax) will be collected on all
orders where such taxes are required to be collected.
b. Financing. For qualified purchasers, ebikes may be financed through Maxfoot’s
consumer financing partners. The necessary qualifications for financing an ebike
purchase, and your rights and obligations associated with such purchase, are
solely determined by the consumer financing partner. It is your responsibility
to review and understand all terms and conditions associated with financing an
ebike purchase, and you hereby acknowledge that Maxfoot is no way responsible
for any such financing.
9. Liability
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR
BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR
SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING
RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES.THESE TERMS DO NOT
EXCLUDE OR LIMIT OUR LIABILITY
(IF ANY) FOR:
(i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii)
FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR
US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS
GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
We recommend contacting your insurance provider to determine if your current
insurance policy would cover you in the event of an accident. Please review our
Safety Video prior to riding.
10. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY
MAXFOOT, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE
EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR
PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS
AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. MAXFOOT
AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR
CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
IN PARTICULAR, MAXFOOT, ITS 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. Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAXFOOT OR
ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS,
BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA,
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 PRODUCTS, EVEN IF MAXFOOT, ITS AFFILIATES OR ANY SUPPLIER, OR
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. 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
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
Maxfoot.You agree to release, waive, defend, indemnify, and hold Maxfoot and its
directors, officers, employees, agents, members, partners, suppliers, and
licensors harmless and will keep them indemnified from any 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.
Maxfoot 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 Maxfoot in asserting any available defenses.
13. Notice and Updates
Maxfoot will provide all notices (including legal process) that Maxfoot is
required to give by any lawful method, including by making notice available
through the Site or by sending it to any e-mail or mailing address that you
provide to Maxfoot. You acknowledge that if you do not provide Maxfoot with
current and accurate contact information, Maxfoot may not be able to contact
you. You agree to send Maxfoot notice by mailing it to:
Maxfoot Electric Bike Inc.
4471 Rowland Ave. El Monte, California 91731
14. Governing Law
These Terms and any disputes between you and Maxfoot will be governed by the
laws of the State of California, without regard to conflicts of laws.
15. General
Section titles are only for convenience and have no legal or contractual
significance. Any list of examples following “including” or “e.g.,” is
illustrative and not exhaustive, unless qualified by terms like “only” or
“solely.” Maxfoot’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 Maxfoot if it is in a written document signed
by Maxfoot. 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 Maxfoot
intend that the provisions of these Terms be enforced to the fullest extent
permitted by applicable law. Accordingly,
you and Maxfoot agree that if any provision is deemed unenforceable, where
possible, it will be modified to the extent necessary to make it enforceable,
which may include its deletion. Maxfoot 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
Maxfoot’s successors and assigns. Maxfoot shall have the right to assign these
Terms, at its sole discretion, without notice to you. You may not assign,
transfer or sublicense your rights (if any). These Terms (including any
incorporated terms) and any Additional Terms constitute the entire agreement
between you and Maxfoot with respect to the Site. Both you and Maxfoot warrant
to each other that, in entering this agreement, neither Maxfoot nor you have
relied on nor will have any right or remedy based upon any statement,
representation, warranty, or assurance other than those expressly stated in
these Terms (including any
incorporated terms) and any Additional Terms. The preceding sentence will not
limit or exclude any liability that cannot be limited or excluded under
applicable law. No one other than you and Maxfoot, or Maxfoot’s successors and
assigns, will have any right to enforce these Terms.
16. How To Contact Maxfoot
If you have any questions or comments regarding these Terms, you may contact
Maxfoot by any of the methods available on our website at www.maxfoot.bike or by
mail at the following address:
4471 Rowland Ave. El Monte, California 91731;
ATTN: Legal Department.
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