These Terms and Conditions form a contract between the user/purchaser/customer (you) and the website owner (scooterbilly.com) and relate to your use of this website and the purchase of any merchandise from scooterbilly.com.
User’s Responsibilities and Limitation of Liability
User acknowledges that scooterbilly.com only sells electric scooters and related products (“Product(s)”) from manufacturers that warrant their products. Users purchasing from scooterbilly.com agree that their sole recourse for product liability shall be to the manufacturer of the Product(s) and/or a return of the Product(s) to scooterbilly.com pursuant to the scooterbilly.com returns policy as set out on this website, as amended from time to time.
Customers warrant and agree that they will operate Product(s) purchased from scooterbilly.com for their intended purpose and in a safe manner (see, “Scooter Safety” on this web site which is incorporated herein), and under normal operating conditions. Normal operating conditions require adherence to manufacturer’s specifications in the owner’s manual, and routine care and maintenance by the purchaser of the Product(s). Proper use means that the Product(s) are to be used only in the manner intended for personal transportation of a single rider with proper safety equipment on smoothly paved, safe, dry, non-oily surfaces in accordance with local regulations during daylight hours. The buyer is aware that the products advertised on scooterbilly.com are designed for recreational and/or personal transportation of a single rider for one seated or unseated scooters and 2 riders for scooters with double seats and should be ridden with proper safety equipment. They are not suitable for handicapped persons or persons with limited mental or physical capacities.
Regardless of the individual features and selling points of the electric scooters advertised on scooterbilly.com, the user acknowledges and understands that the U.S. Consumer Product Safety Commission recommends the following safety guidelines to help prevent scooter deaths and injuries and Customer agrees to follow the following guidelines:
- Wear a helmet, along with knee and elbow pads. (Wrist guards may make it difficult to grip the handle and steer the scooter.)
- Ride on smooth surfaces. Avoid dirt, sand, gravel and water, which can cause falls.
- Do not ride scooters at night.
- Don’t ride scooters in traffic.
- Wear sturdy shoes.
- Children under age 8 should not use non-powered scooters without close adult supervision.
- Children under 12 should not ride motorized scooters.
- Owners of motorized scooters should check with local authorities for riding guidelines and restrictions. Many local jurisdictions prohibit the use of motorized scooters on roadways and sidewalks.
The user acknowledges that some states may require a driver’s license and may require certain safety equipment for some or all of the Product(s) sold by scooterbilly.com and that additional vehicle code requirements may exist. The user undertakes sole responsibility to become informed of such applicable laws before purchasing Product(s) from scooterbillycom. The user also acknowledges that riding Product(s) also creates a risk to others and customer shall determine what insurance protection he requires before purchasing Product(s) from scooterbilly.com. Scooterbilly.com cannot in any way be held responsible for any accidents or insurance claims arising from an accident involving a scooter purchased from this website. It is the sole responsibility of the user to determine whether they have the correct insurance coverage in case of accident or claims. Please contact your insurance company if you are unsure as to the legal requirements regarding insurance in your location. The user also undertakes to ensure they are aware of and will comply with all laws pertaining to the use of all Products purchased from scooterbilly.com in whichever state or location they are used.
The user acknowledges and agrees that riding Product(s) bought from scooterbilly.com has certain inherent risks of injury and/or death, which risks increase further if the product is not used in accordance with safe riding procedures and pursuant to manufacturer’s guidelines. The buyer is further aware that the usual risks, hazards and dangers of personal injury, death and disability increase when using ramps, curbs, steps, half pipes, inclines, or declines, bowls or any other structure or device. The buyer also understands that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are using the same Product(s).
Scooterbilly.com, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Product(s) sold on this Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Product(s) sold by this Site and/or Site-related services is to return the Product(s) in accordance with the scooterbilly.com returns policy or submit a claim to the manufacturer of the Product(s).
The customer assumes the risk of all riders who ride vehicles purchased on scooterbilly.com including without limitation the customer themselves. The customer further acknowledges and agrees that they shall have no claim for liability against scooterbilly.com for any misuse of any such vehicles. Scooterbilly.com shall have no obligation and the buyer or user shall have no remedy against scooterbilly.com, its officers, agents or assigns for any damages, including without limitation, incidental, consequential, special, punitive damages arising from direct or indirect injury to person or property, or any other loss, whether or not caused by negligence, or otherwise, on the part of scooterbilly.com. The buyer acknowledges that there is an inherent risk in the operation of motorized scooters, electric skateboards and all Products sold by scooterbilly.com. The buyer herewith assumes the risk of any injury caused to any person or persons arising from the operation of any Products purchased from scooterbilly.com. Notwithstanding anything else in these terms and conditions or posted on the site, and without modifying any other limitation of liability, the maximum liability that scooterbilly.com shall have to a customer and/or rider of Products purchased from scooterbilly.com is limited to any amounts actually paid to scooterbilly.com, less shipping charges, by the customer. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk that is an essential basis of the bargain between the parties.
The Products for sale on this site are offered for sale without warranty by scooterbilly.com, express or implied, of any kind including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Customers shall rely exclusively on the warranties provided by the respective manufacturers. The customer assumes total responsibility and risk for their use of the Products sold by scooterbilly.com.
NOTICE: Some states do not allow the exclusion or limitation of incidental or consequential damages and some states do not allow limitation on how long an implied warranty lasts; therefore, some of the above limitations may not apply to you.
Before completing your purchase, please ensure that you have selected the correct item(s). If you do make an error, we will make every effort to amend your order, but it may not be possible. In these instances you may return the item as per our returns policy.
Mispricing and Errors
Scooterbilly.com has the right to refuse or cancel any orders placed where that product has been advertised at an incorrect price. Scooterbilly.com has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, scooterbilly.com shall immediately issue a credit to your credit card account in the same amount as the charge. Scooterbilly.com reserves the right to alter or amend, at any time, product prices, shipping methods and charges, and billing methods for all products advertised on scooterbilly.com.
Shipping Damage and Defective Parts
In the unlikely case a product arrives with shipping damage or a defective part the following policy will apply:
Inspect Your Order: If obvious shipping damage exists on delivery, make sure the carrier notes the damage before they leave. Thoroughly inspect your order upon delivery. If you receive merchandise with shipping damage or a defective part, you must file a claim with scooterbilly.com within three days of delivery. Claims made after three days will not be considered shipping damage and must be resolved per your manufacturer’s warranty.
How to file a claim: email firstname.lastname@example.org within three days of delivery. Include a detailed description and photos/video of all damage or defects, your invoice number, full name and shipping address.
If a claim is not filed within three days of delivery, all damaged products purchased are exclusively subject to the terms of the manufacturer’s warranty or claims against the shipper. The manufacturer’s warranty provides no recourse for shipping damage, defect to “wear and tear” parts, and additional limitations may apply (see warranty included with merchandise for details). If damage was clearly caused during shipment, you may place a claim with the shipping company after this three day period has expired. Parts not covered by the warranty may be purchased from the manufacturer.
Unauthorized returns will not be accepted. If you need to return an item, please ensure you contact us first at email@example.com. To receive a credit or refund, items must be in original condition, unassembled, unused, in original packaging and complete with any accessories, manuals, warranties etc. Items will be fully inspected prior to the issuance of a refund or credit. If all conditions are met we will issue a Return Authorization number RA# that must be quoted on your returned package which must be in transit back to us within 10 days of receipt.
With the exception of instances whereby the product is faulty, all costs related to the return of an item will be borne solely by the purchaser and will include a 10% restocking fee. No returns will be accepted without a date of sale or invoice number.
Preparing your product for return shipment:
- Re-pack the merchandise securely, include the original contents of the box; warranty cards, manuals, accessories, promotional items, etc.
- Include a copy of your invoice.
- Include a copy of the RMA notice you have received from us by email.
- Clearly print your RMA# on the return shipping label (on the outside of the box).
- For your protection we recommend all returns be sent via UPS, FedEx, DHL or other courier that issues a tracking number. We recommend that the shipment is insured. The customer is responsible for damage or loss during return shipping.
- Freight collect and COD packages will not be accepted.
Once merchandise has been returned, a refund will be applied to the account through which payment was made within four weeks. All refunds are subject to a 10% restocking fee. Shipping charges are non-refundable.
LEGAL STATUS OF PRODUCTS. It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from scooterbilly.com. All merchandise is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances or international law. Consult your local, state and country laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the merchandise ordered will be used in a lawful manner and that he/she is of legal age. Scooterbilly.com will not be held liable for the misuse of any merchandise purchased. Should your item be confiscated by customs in your country, you will NOT be refunded and you waive any rights you may have to deny your payment to us. Again, if you are in doubt, check local laws before purchasing.
ACKNOWLEDGMENTS. These terms are effective and binding upon the buyer’s heirs, agents, personal representatives and assigns. The buyer certifies he/she is over 18 years of age. The buyer has read the foregoing and acknowledges that he/she understands and agrees to all of the above terms and conditions. The buyer has had the opportunity to ask any and all questions regarding this agreement and the effect of the same. The buyer agrees that by purchasing items or sending payment for items, they assume all risks and waive and release certain substantial rights that they may have or possess.
The customer acknowledges that scooterbilly.com accepts payment by credit card and PayPal as an accommodation to customer; but further understands that scooterbilly.com shall take all appropriate legal action in the event payment is withheld due to credit card or PayPal irregularities or chargebacks.
The customer agrees to pay all costs of collection including attorney’s fees and costs, court costs, arbitration costs, service of process costs and all costs incurred by enforcement of judgment expenses, together with all costs and fees associated with reclaiming merchandise, if applicable.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by scooterbilly.com.
Some products sold on scooterbilly.com may not be approved for highway use or public roads. It is the complete responsibility of the buyer to ensure that their vehicles are operated in accordance with all federal, state and local laws. The buyer assumes all liability and risk associated with the use of motorized products and holds scooterbilly.com and its owners harmless of any liability.