TERMS AND CONDITIONS OF SALE
Thank you for shopping with us! We really appreciate your business and your interest in our products. We want to make sure you have a good experience purchasing from our webstore, whether it’s ExtremeMotus.com, or any other of our websites.
1. Acceptance of These Terms. You (“Customer”) may place orders for Products with Extreme Motus Bicycle LLC. (“Extreme Motus,” “we,” “our”) via one of our websites (e.g., www.ExtremeMotus.com, ) or, in certain circumstances, over the phone. “Product(s)” collectively means any and all items being sold by Extreme Motus to you in the United States. By placing an order, you consent to these Terms and Conditions of Sale (“Terms”) and acknowledge that we will furnish the Products subject to these Terms. Unless expressly agreed to or set forth in writing by Extreme Motus, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever.
2. Orders. All orders are subject to Extreme Motus’s acceptance. This means Extreme Motus may for any or no reason refuse to accept or may cancel or limit any order, or order quantity, whether or not the order has been confirmed. Your receipt of an order confirmation does not mean our acceptance of your order, nor is it a confirmation of our offer to sell. We are simply confirming we received your order. If we cancel an order after you have already been charged, Extreme Motus will refund you the charged amount.
3. Product Offering. All Product descriptions on our websites are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue a Product at any time. We have made every effort to display the colors and images of the Products as accurately as possible. We cannot guarantee that your device’s display of any color will be accurate and a true reflection of the physical item upon receipt.
4. Price. All prices on our websites are subject to change and exclude applicable tax and shipping. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur. All prices are listed in USD, United States Dollars.
5. Special Offers. From time to time, we may be offering special promotions for some or all of our Products, including discounts, limited edition products, or free shipping. These offers may be for a limited time only and Extreme Motus reserves the right to change or discontinue such offers at any time.
6. Payment. All orders must be paid in full prior to shipment. We accept most major credit cards issued in the United States provided they are associated with a U.S. billing address. Other forms of payment and/or financing may be available as described on the product page or during the checkout process. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.
7. Shipping. Available shipping options will be displayed during the checkout process. Any timeframe provided by Extreme Motus for when the Product(s) may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events some of which are beyond our control. Extreme Motus cannot be held liable for late deliveries. If you no longer have use for an item due to a late delivery, please contact our Customer Service Department immediately. You can also refer to our return policy for available options.
All risk of loss or damage to the Products shall pass to you, or a person designated by you, upon taking physical possession of the Product(s). Title in the Product(s) shall pass to you when the Product(s) are picked up at Extreme Motus’ warehouse by the designated shipping carrier. If items are lost or damaged in transit, please contact our Customer Service Department.
8. Returns. Except as otherwise stated by Extreme Motus in writing, you may not cancel an accepted order without our prior written consent, which we may withhold in our discretion. For more information on returns, please refer to our returns pages linked at the bottom on our websites or to the packaging slip provided with the Product(s).
9. Warranty. For more information regarding our warranty policy, please refer to the written warranty included with the Product and/or the warranty page(s) linked at the bottom of our websites.
10. Not for Resale. Products sold on our websites are for end-user customers only and not for resale. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.
11. Dispute Resolution and Applicable Law. Customer and Extreme Motus agree all disputes regarding Customer’s purchase of Products on our website(s) (the “Claim”) shall be resolved by binding arbitration, which is an alternative to a trial by jury. The arbitration shall be before a retired Superior Court Judge in Santa Clara County, California, in accordance with the Rules of the American Arbitration Association then in effect (“AAA Rules”). The applicable law shall be California law, without reference to its conflicts of laws provisions, or federal law, as applicable. Customer and Extreme Motus agree any decision by the arbitrator shall be final and binding. The parties agree the arbitration proceeding will be kept confidential and the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, submissions, awards, materials exchanged in discovery) will not be disclosed beyond the arbitration proceedings, except as may be lawfully required in judicial or regulatory proceedings relating to the arbitration, or as specifically permitted by law. This arbitration agreement does not preclude you or Extreme Motus from seeking action by federal, state, or local government agencies.
Neither you nor Extreme Motus may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Further, it is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Customer stipulates to personal jurisdiction in California and agrees to accept service of process by registered or certified mail.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THE PARTIES WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
12. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold Extreme Motus harmless from and against any and all claims, costs, proceedings, demands, losses, defense costs (including, without limitation, reasonable attorney’s fees and costs) of any kind or nature arising from the breach of the Terms by you or anyone using your account.
13. Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.
This is subject to change without notice.