Rad Power Bikes LLC

Consumer Purchase Terms and Conditions

Last updated June 28, 2020

 

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Rad Power Bikes LLC, a Washington limited liability company (“RPB”, “us” or “we”), and apply to all consumer purchases by you of any model of RPB’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by RPB (collectively with ebikes, the “Products”) in Canada only. Purchases in the United States and the European Union must be made through our respective United States or European website, as applicable, and are subject to the applicable Terms and Conditions contained on such website. By purchasing any Products from RPB, whether online or at our showroom, 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 disputes 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 RPB are subject to other agreements, including the:
    1. Limited Warranty Terms
    2. Terms of Use
    3. Privacy Notice
    4. 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.

 

  1. EBIKE ONLINE OR IN-STORE ORDERS. In the event you are purchasing an ebike by ordering online or in a RPB retail store (as opposed to a direct purchase in store of in-stock item) your order of an ebike is an offer to buy. RPB will send you an email confirming our receipt of your order. RPB 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.
  2. Refer A Friend Program Terms/Limitations. To qualify for a gift card, the referred person must (i) be a new customer, (ii) provide the name of the referring customer at time of purchase, (iii) make a purchase on www.radpowerbikes.ca in an amount greater than the minimum amount specified in the referral offer, and (iv) not use any other active promotion or discount on their purchase. Referring customers will receive a referral gift card after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two people per household. Referring customers may only earn one referral credit per referred person. In the event a referred person returns a purchased item and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.radpowerbikes.ca account under an alternate email address.

 

Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the referring customer's referral credit and the referred person's promotional code as well as both parties' inability to participate in this or future promotions. Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion. Promotions cannot be stacked, used in tandem, etc.

 

  1. SHIPPING. Ebikes shipped within Canada (except to the Yukon Territory, Northwest Territories, and Nunavut) qualify for free shipping. Palletized freight orders are subject to additional fees and orders of only accessories, parts or other Products that are not ebikes will be subject to applicable shipping fees. We are currently only shipping to Canada. Please visit our United States or European websites for orders to those respective areas. We are currently not shipping to Yukon Territory, Northwest Territories, and Nunavut. Please contact us directly at can-support@radpowerbikes.com for servicing options to these territories.
    1. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
    2. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO Boxes or APO.
    3. Orders containing discounted merchandise may take an additional 48 hours to process.
    4. For all international orders, you must place the order via our United States or European website, as applicable, and all such purchases shall be governed by the respective Terms of Purchase located on such website. You are solely responsible for ensuring you comply with all applicable local/state/provincial/federal regulations concerning the import and use of electric bicycles. Acceptance of orders outside of Canada shall be in RPB’s sole discretion.
    5. 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 ebike and replacement items and/or refunds if any issues occur.
    6. 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.
    7. 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 insurance. 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 in to by reference and form a part of these Terms.
    8. For any third-party shipping outside of RPB’s normal shipping process, RPB will not provide ANY additional shipping information or documentation.
    9. Orders placed through our online store (www.radpowerbikes.ca) with the shipping address of an RPB retail location will be canceled. To purchase Products in store please locate an RPB retail showroom near you.
  2. BUILT AND DELIVERED PROGRAM TERMS
    1. If you are in certain geographic areas and it is made available, you may have the option of choosing to benefit from RPB’s Built and Delivered Program (the “BD Program”). Under the BD Program, your ebike will be brought to your specified address by an RPB representative pre-assembled, including any purchased accessories, for your immediate use. The RPB representative will also provide a tutorial demonstrating how to use and benefit from the features of your new ebike, including its operation and battery charging recommendations.
    2. The BD Program is subject to an additional fee, which RPB may change at any time in its discretion. You will be given the opportunity to choose the BD Program at checkout and the applicable fee will be communicated to you prior to your payment.
    3. You will be responsible for scheduling a date and time for the RPB representative to deliver and assemble your ebike. If you are not at the specified address to receive your ebike at that date and time, we will contact you directly to schedule a new date and time. If you fail to be at the specified address a second 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 arrives with the RPB representative.
  3. OWNERSHIP.
    1. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time RPB delivers such Products to the applicable shipping carrier.
    2. 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.
  4. RETURNS POLICY. In order to undertake a valid return, you must obtain written approval for such return from RPB, which can be obtained by contacting RPB at returns@radpowerbikes.com. Any Products sent back to RPB by you without the written consent of RPB shall be rejected and returned to you at your cost.
    1. Purchased Products that have not yet shipped may be cancelled for a full refund.
    2. Ebike Returns. To return an ebike that is not defective or damaged, you must contact RPB within fourteen (14) days of your receipt of the ebike. The ebike 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 the ebike. You will be responsible for paying a CDN$200 shipping fee and a twenty-five percent (25%) restocking fee (which shall all be withheld from your refund).
    3. 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.
    4. 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 a twenty-five percent (25%) restocking fee.
    5. Non-returnable/non-refundable Items. Used Products, all merchandise, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable under any circumstances except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built & Delivered” fees are non-refundable.
    6. Exchanges. We do not offer exchanges inside Canada; however, you can receive a refund or store credit so that you can replace the order with the item you prefer.
    7. Refunds.
      1. Any item returned with an order that used a 2xEbikeCombo, 3xEbikeCombo, or 4xEbikeCombo code,will have the entire discount code value subtracted from the refund value, whether you return one ebike or multiple ebikes.
      2. Refunds will be made after the ebike is received and inspected. The inspection process will typically take about one (1) week once the bike is received. Once the entire inspection is completed, refunds will typically be processed in about two (2) business days.
    8. Process. Please send all approved returns to: Rad Power Bikes LLC c/o Returns - [Your Order #] 3296 E 29th Ave, Vancouver, BC V5R 1W6.
  5. 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.
    1. Street Legality. All of our ebikes as manufactured are street legal in accordance with the federal laws of Canada. It is 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. 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 Warranty and shall be at your sole risk of harm.
  6. PAYMENTS. Our website is powered by Shopify and all payments made by you to RPB are processed through Shopify’s payment portal. Payments may be declined or returned to you, in RPB’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 RPB, 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.
    1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
    2. Financing. For qualified purchasers, ebikes may be financed through RPB’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 RPB is no way responsible for any such financing.
  7. DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY RPB, 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. RPB AND ITS AFFILIATES, 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, RPB, 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.
  8. 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.
  9. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RPB 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 RPB, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. 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 RPB. You agree to release, waive, defend, indemnify, and hold RPB 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. RPB 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 RPB in asserting any available defenses.
  11. Governing Law.

THIS GOVERNING LAW CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS

 

These Terms and any disputes between you and RPB will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws.

 

  1. Dispute Resolution and Binding Arbitration.

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

 

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 Domestic Commercial Arbitration Rules of Procedures (if you are a Canadian customer) or the International Commercial Arbitration Rules of Procedure (if you are a customer located outside of Canada) of the British Columbia International Commercial Arbitration Centre 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 Vancouver, British Columbia 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 RPB. 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 RPB 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.

 

  1. NOTICE AND UPDATES. RPB will provide all notices (including legal process) that RPB 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 RPB. You acknowledge that if you do not provide RPB with current and accurate contact information, RPB may not be able to contact you. You agree to send RPB notice by mailing it to: Rad Power Bikes LLC Legal Department - 1128 NW 52nd St. Seattle, WA 98107.
  2. 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.” RPB’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 RPB if it is in a written document signed by RPB. 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 RPB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and RPB 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. RPB 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 RPB’s successors and assigns. RPB 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 RPB with respect to the Site. Both you and RPB warrant to each other that, in entering this agreement, neither RPB 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 RPB, or RPB’s successors and assigns, will have any right to enforce these Terms.
  3. R-E-S-P-E-C-T Find Out What It Means to Us (hint: a lot!)  We pride ourselves on being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something may have gone wrong or there is an issue (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after that we do reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion. If this decision is made it is final and cannot be undone.
  4. HOW TO CONTACT RPB. If you have any questions or comments regarding these Terms, you may contact RPB by any of the methods available on our website at www.radpowerbikes.ca or by mail at can-support@radpowerbikes.com.