CONSUMER PURCHASE TERMS AND CONDITIONS
Troxus LLC.
Last updated July 24, 2023
These Consumer Purchase Terms and Conditions (these “Terms”) are a legal agreement between you (“You” or “Customer”) and Troxus LLC., a California limited liability company (“Troxus”, “us” or “we”), and apply to all consumer purchases by you of any model of Troxus’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by Troxus (collectively, with ebikes, the “Products”) in the United States only. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction (the “Minimum Age”), whichever is higher. If you are under the Minimum Age, you are not eligible to make a purchase with Troxus. If Troxus discovers or has any reason to suspect that you are not at least the Minimum Age, Troxus reserves the right to revoke the sale. By purchasing any Products from Troxus, whether through Troxus’s official website, official Amazon store, or from our authorized dealers, 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.
1. Application
These Terms apply to your purchase of Products and use of ebikes. Other interactions that you have with Troxus 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 at https://www.troxusmobility.com.
2. Ebike Online or Dealership Orders
In the event you are purchasing an ebike through Troxus’s (i) official website, (ii) official Amazon store, (ⅲ) or directly from a authorized Troxus dealer, your order of an ebike is an offer to buy. Troxus will send you an email confirming our receipt of your order. Troxus 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, but not limited to, errors or suspected fraud.
From time to time, in its sole discretion, Troxus 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 Troxus reserves the right to end or pause all such offers, codes, or programs at any time.
3. Shipping
We are currently only shipping to the 48 contiguous United States. (For clarity, we DO NOT ship to Puerto Rico, Alaska, Hawaii, or other U.S. territories.)
4. Ownership
Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time Troxus delivers such Products to the applicable shipping carrier.
Notwithstanding the foregoing sentence, 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
|
Product / Item Being Returned |
Return Shipping Fee (per item) |
|
Accessories & Replacement |
$15 (per shipment/shipping label)
For purposes of example only:
If you are returning 2 accessories in one shipment on May1, you will be charged $30.
If you return 2 accessories on May 1 and then return 1 accessory on May 15, you will be charged $30 for the May 1 shipment and $15 for the May 15 shipment for a total of $45. |
|
eBike |
$150 |
h. Refunds:
j. Second-hand Products: Only the original owner of an ebike purchased from Troxus’s online store is covered by this Returns Policy. The Return Period begins upon your receipt of the ebike and shall end immediately upon the earlier of the end of the Return Period or any sale or transfer of the ebike to another person, and under no circumstances shall the Return Policy apply to any subsequent owner or other transferee of the ebike.
k. Shipping Damage: Any damage or loss of a Product should be notified to Troxus within 5 days of receiving the Product. Claims for damage or loss of Product beyond the 5-day period will not be accepted.
6. 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. Troxus reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet Troxus’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 may void the Limited Warranty and shall be at your sole risk of harm.
7. Ebike Safety
Please read carefully before proceeding with your purchase.
a. Troxus’s ebikes is not to be operated by anyone under the age of 18. Children under the age of 18 may lack the necessary judgement and skill to safely operate the ebike, potentially resulting in damage to the ebike, damage to other property, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 18 years old and comply with your local laws and regulations regarding operator age and other qualifications.
b. Riding any bike, ebike, or similar vehicle without a helmet puts you at very high risk of serious head injury or death. Always wear a properly fitted helmet that covers the fore heads. Many locations require specific safety devices. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere applicable helmet and safety laws or regulation where you ride.
c. Any bike, ebike, or similar vehicle is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. You must check your ebike before each ride and according to the other checklist contained in your ebike’s owner’s manual. Failure to do so could result in property damage, serious injury, or death. You assume full responsibility to perform a pre-ride safety check on the ebike before each ride.
d. Riding any bike, ebike, or similar vehicle involve certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of the ebike, or related merchandise and related activities.
e. Incorrect assembly, maintenance, or use of your ebike can cause component or performance failure, loss of control. Serious injury, or death. You must read and understand the entire owner’s manual that came with your ebike and any documentation provided for subcomponents or accessories before riding. Unless your ebike was assembled by Troxus’s retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your ebike.
f. Using a damaged battery or charger can damage additional components or create a fire hazard. Stop using your battery and charger and contact Troxus if any of the following occur: (1) your charger’s flexible power cord or output cable or any of the electrical cables on your ebike is frayed, has broken insulation, or any other signs of damage, (2) your battery or charger is physically damaged, non-functional, or performing abnormally, (3) your battery or charger experienced a significant impact from a fall, crash, or shipping damage, with or without obvious sighs of damage, (4) your battery was submerged in liquid or had extensive water exposure or damage, or (5) your charger becomes too hot to touch (it is designed to get warm with normal use), make an unusual smell, makes a popping sound, or shows other structures and, as soon as possible, recycle or otherwise dispose of it according to local rules.
g. You agree to RELEASE AND HOLD HARMLESS TROXUS AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the ebike. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the ebike.
8. 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. Any cancellation of a pre-order or back-order prior is subject to our cancellation policy under Section 5(b) above.
9. Payments
Our website is powered by Shopify and all payments made by you to Troxus are processed through Shopify’s payment portal. Payments may be declined or returned to you, in Troxus’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 Troxus, 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. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
b. For qualified purchasers, ebikes may be financed through Troxus’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 Troxus is no way responsible for any such financing.
10. Limitation of Liability
TROXUS AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS IS ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF TROXUS’S BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF TROXUS’S PRODUCTS GIVING RISE TO SUCH LOSSES. TROXUS AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS 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.
11. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY TROXUS, 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. TROXUS 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, TROXUS, 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.
12. Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TROXUS OR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES 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 TROXUS, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. 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 Troxus. You agree to release, waive, defend, indemnify, and hold Troxus and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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. Troxus 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 Troxus in asserting any available defenses.
14. 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 TROXUS AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND TROXUS 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.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Troxus, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employeesassigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Troxus’s marketing or advertising (“Claims”).
b. Arbitration shall be administered by the American Arbitration Association (“AAA”), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
c. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
d. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
e. Claims may not be arbitrated on a class or representative basis. You and Troxus agree to arbitration only on an individual basis. Neither you nor Troxus may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
f. You and Troxus agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
g. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16.
15. Notice and Updates
Troxus will provide all notices (including legal process) that Troxus 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 Troxus. You acknowledge that if you do not provide Troxus with current and accurate contact information, Troxus may not be able to contact you. You agree to by contact Troxus at support@troxusmobility.com.
16. Governing Law
These Terms and any disputes between you and Troxus will be governed by the laws of the State of California, without regard to the states conflicts of laws principles.
17. 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.” Troxus’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 Troxus if it is in a written document signed by Troxus. 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 Troxus intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Troxus 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. Troxus 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 Troxus’s successors and assigns. Troxus 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 terms incorporated herein by reference) constitute the entire agreement between you and Troxus. Both you and Troxus warrant to each other that, in entering this agreement, neither Troxus 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 terms incorporated herein by reference). The preceding sentence shall not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Troxus, or Troxus’s successors and assigns, will have any right to enforce these Terms.
18. How To Contact Troxus
If you have any questions or comments regarding these Terms, you may contact Troxus by any of the methods available on our website at www.troxusmobility.com or by contacting Troxus at support@troxusmobility.com.
