CONSUMER PURCHASE TERMS AND CONDITIONS: (LEGAL)
Last Updated: March 1, 2022
These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Sahara Bikes Inc., a California corporation (“SB”, “us” or “we”), and apply to all consumer purchases by you of any model of SB’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by SB(collectively with ebikes, the “Products”) in the United States & Canada. By purchasing any Products from SB, whether online or at our showroom, 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 disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with SB are subject to other agreements, including the:
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
SB will send you an email confirming our receipt of your order. SB 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.
All orders under $150 qualify for a flat rate $10 shipping charge. Select orders of $150 or more may qualify for free shipping. Palletized freight orders are subject to additional fees.
We are currently only shipping to the 48 contiguous United States. (For clarity, we DO NOT ship to Alaska, Hawaii, Puerto Rico, or other U.S. territories.) If you are from Alaska, Hawaii, Puerto Rico, or other U.S. territories you must contact us for special freight rates for delivery. If you are a Canadian, please message us for a special freight rate for delivery.
5. Returns Policy
In order to undertake a valid return, you must obtain written approval for such return from SB, which can be obtained by completing this “REQUEST FORM” Any Products sent back to SB by you without the written consent of SB shall be rejected and returned to you at your cost.
6. Ebike Returns
Free returns within fourteen (14) days of delivery. To return an ebike that is not defective or damaged, you must contact SB within fourteen (14) days of your receipt of the ebike. 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 SB. Any warranty issues must be resolved prior to processing a return. Returns are not allowed after fourteen (14) days of the delivery date.
7. Ebike Performance
Please note that information regarding the expected range on a single charge on all 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. SB reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet SB’s strict standards).
Our website is powered by Shopify and all payments made by you to SB are processed through Shopify’s payment portal. Payments may be declined or returned to you, in SB’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 SB, 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.
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:
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.
These bikes are designed and meant for off road use only. They are very powerful, and therefore are not street legal. Please ensure to tighten all bolts prior to riding. By purchasing this E-Bike, you agree, and accept the inherent risks and potential dangers that can incur while driving a high powered motor powered vehicle. Please take every safety measure possible when riding this E-Bike, and do not operate under the influence of alcohol or drugs. By purchasing this item, you release “Dave’s Auto Accessories” “Sahara- Bikes” “Bike-Crafts” “Hollywood Accessories” “XYZ Sales LLC” It’s managers, employees, and anyone else directly or indirectly connected with the manufacturing and sale of this E-Bike from any liability whatsoever in the event of injury, death, or damage of any nature to yourself or anyone else caused by or incidental to riding this E-Bike. We are also not responsible for any property damage caused while riding the E-Bike. Please remember to always wear a helmet while riding. Intended for ages 18+ only.
10. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY SB, 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. SB 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, SB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:
- Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SB 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 SB, 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 SB. You agree to release, waive, defend, indemnify, and hold SB 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:
SB 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 SB in asserting any available defenses.
13. Dispute Resolution and Binding Arbitration
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, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND SB AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND SB WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
14. Notice and Updates
SB will provide all notices (including legal process) that SB 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 SB. You acknowledge that if you do not provide SB with current and accurate contact information, SB may not be able to contact you. You agree to send SB notice by mailing it to:
Sahara Bikes Legal Dept.
1228 E. Florence Ave.
Los Angeles CA 90001
15. Governing Law
These Terms and any disputes between you and SB will be governed by the laws of the State of California, without regard to conflicts of laws.
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.” SB’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 SB if it is in a written document signed by SB. 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 SB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and SB 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. SB 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 SB’s successors and assigns. SB 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 SB with respect to the Site. Both you and SB warrant to each other that, in entering this agreement, neither SB 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 SB, or SB’s successors and assigns, will have any right to enforce these Terms.
17. Kindness And Communication
We pride ourselves in 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 has gone wrong or there is an issue with your purchase (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 which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.
18. How To Contact SB
If you have any questions or comments regarding these Terms, you may contact SB by any of the methods available on our website at www.sahara-bikes.com or by mail at the following address:
1228 E. Florence Ave. Los Angeles CA 90001; ATTN: Sahara Bikes Legal Dept.