01 BIKE LIMITED LIABILITY COMPANY 

TERMS OF SALE AND RETURN POLICY 

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This Terms of Sale and Return Policy (“Terms”) governs the purchase of goods and services from 01 Bike Limited Liability Company, a North Carolina limited liability company (“01 Bike,” “us,” “our,” or “we”), through our website or other online properties (collectively, the “Site”) and are hereby incorporated into 01 Bike Terms of Services

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1. Purchase of the Products and Services.  

1. To place an order on the Site, you must be at least 18 years old. By making any purchase on the Site, you are representing and warranting that you are old enough to do so, and that you meet all legal criteria for ownership and use of the Product(s) purchased. 

1. If you purchase a Product, you are representing and warranting to us that you understand the nature of using and riding the Product and related activities, that you are qualified and legally permitted to operate the Product, and that you are in proper physical condition to participate in such activity.  

1. You accept full and complete responsibility for all use of any Product, including all use by others. You are responsible for registering and operating the Products you purchase in accordance with local and state laws and ordinances. 01 Bike makes no representations that its Products are legal for operation in your city and state. 

1. Products available for purchase through the Site are for personal use only and are not to be purchased for purposes of resale. 

1. Shipping.  

1. Shipping or delivery dates of the Products are best estimates only. 01 Bike reserves the right to make deliveries of the Products in installments and shall not be liable for any loss or damage arising from late delivery. 

1. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. Unless otherwise specified in these Terms, upon such delivery, title and all risk of loss or damage to such Products will pass to you. 

1. If you purchase any Products through the Site, it is your responsibility to inspect them and ensure that they are in good working order and safe to use. You must promptly inspect your shipment following delivery, and report any damages or other issues to us. Once you accept delivery of a Product, you are responsible for any and all damage to the Product. 

1. Payment and Pricing. 

1. By providing your credit card or other acceptable payment method to us, you are representing and warranting that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your purchase, including all taxes and delivery charges. 

1. When you place an order for Products, we may request an initial deposit with the final balance due upon shipment. Your initial deposit is refundable up to one week before shipment if you cancel your order in accordance with these Terms.  

1. If at any time your payment method cannot be verified, is invalid, or is otherwise not accepted, we may suspend completion of your order until we are able to resolve the issue to our satisfaction. You will bear all costs associated with any disputed credit card charge which results in an action from our merchant account provider, otherwise known as “chargebacks”. 

1. Prices offered on the Site are quoted in U.S. Dollars (unless otherwise indicated for international sales). Such prices do not include shipping and handling, expedited service, or sales taxes (or VAT), if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. 

1. Warranty and Return Policy. 

1. All sales are final, and no refunds or exchanges for Products will be made except as described in these Terms. Once we have accepted an order, cancellations will only be accepted if we receive your cancellation at least one week before the shipment date. Once your item has left the warehouse, your order cannot be cancelled. 

1. 01 Bike warrants the Products and installation thereof shall conform with instruction manuals, user guides, and/or other information provided by 01 Bike, or posted to its website for a period of thirty (30) days after purchase. In the event that any part of the equipment becomes defective, 01 Bike agrees to make all repairs and replacement of parts without costs to you for a period of 30 days from the purchase date. 01 Bike reserves the option to either replace or repair the equipment and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life. 

1. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation.  The maximum warranty value is the purchase price of the Products. 

1. The above warranties shall be null and void in the event of (1) any alteration, modification, or special configuration made (or attempted to be made) by you to the Products or Software; (2) use of the Products or Software not in the ordinary course of business; (3) accidents, misuse, abuse, neglect, damage and tampering with the Products or Software; (4) connection of the Products to an improper voltage supply, or reception or transmission problems caused by inadequate or improper antenna (not provided by 01 Bike); (5) excessive water, weather or physical damage to the Products; or (6) use of the Products with accessories or devices not approved by 01 Bike. 

1. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND IN ITS RETURN POLICY, 01 BIKE MAKES AND YOU RECEIVE NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS OR ANY PART OF THEM, WHETHER EXPRESS OR IMPLIED, WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EFFECTIVENESS, COMPLETENESS AND ACCURACY ARE EXPRESSLY EXCLUDED, EXCEPT WHERE PROHIBITED BY LAW, AND WHERE PROHIBITED, ANY SUCH WARRANTY IS LIMITED TO THE MINIMUM WARRANTY AND PERIOD PROVIDED BY LAW. NO EMPLOYEE OR AGENT OF 01 BIKE HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO CUSTOMER, WRITTEN OR ORAL. 

1. Limitation and Release of Liability. 

1. 01 BIKE, ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR CLAIMS, LAWSUITS, LIABILITIES, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES A DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, YOUR ACTS, ACTS OF CIVIL OR MILITARY AUTHORITY, FIRES, STRIKES, FLOODS, EPIDEMICS, PANDEMICS, WAR, RIOT, DELAYS IN TRANSPORTATION, GOVERNMENT RESTRICTIONS OR EMBARGOES, OR DIFFICULTIES IN OBTAINING NECESSARY LABOR, MATERIALS, MANUFACTURING FACILITIES OR TRANSPORTATION DUE TO SUCH CAUSES.  

IN NO EVENT SHALL 01 BIKE BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL OR EXEMPLARY DAMAGES, PURE ECONOMIC LOSS (WHETHER DIRECT OR INDIRECT), INCREASED COSTS, LOST REVENUES, PROFITS, GOODWILL OR DATA, OR DAMAGE TO PROPERTY, WHETHER FORESEEABLE OR NOT, WHETHER SUFFERED BY  YOU OR ANY OTHER PERSON, ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF 01 BIKE (WHETHER IN CONNECTION WITH THESE TERMS OR OTHERWISE).  

NOTWITHSTANDING ANYTHING IN THIS SECTION, YOUR SOLE REMEDY, AND 01 BIKE’S TOTAL LIABILITY TO YOU, IN RESPECT OF ANY DEFECT OR FAILURE IN ANY THE PRODUCTS SHALL BE LIMITED, AT 01 BIKE’S OPTION, TO THE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCTS. Because some states do not allow the exclusion or limitation for consequential or incidental damages, in such states, 01 Bike’s liability is limited to the maximum extent permitted by law.  

1. Any claim or cause of action arising out of or related to the Terms must be filed within one (1) year after such claim or cause of action initially arose or such claim or cause of action is permanently barred. 

1. Any dispute or disagreement relating to or arising out of the Terms shall be resolved on an individual basis. As such, you acknowledge and agree that you may not bring a claim that relates to or arises out of the Term as a plaintiff or a class member in a class action, consolidated action, or representative action.  

1. Indemnification and Hold Harmless. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD 01 BIKE, ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS HARMLESS FROM ANY CLAIMS, LAWSUITS, LIABILITIES, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH ANY IMPROPER OR UNAUTHORIZED USE OF THE PRODUCTS. 

 

1. General. 

1. If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision shall be deemed limited to the extent required to make it enforceable, or, if necessary, severed from these Terms without affecting the validity and enforceability of the remaining provisions of these Terms.   

1. These Terms are fully assignable and transferable by 01 Bike to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign these Terms without the prior written consent of 01 Bike. 

1. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions.  Any and all actions or proceedings arising out of or relating to these Terms, the Website or our Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina.  You and 01 Bike hereby agree to submit to the exclusive personal jurisdiction of the courts located in Guilford County, North Carolina to resolve any dispute arising out of these Terms.   

1. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.