TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY AFFECT YOUR LEGAL RIGHTS.
This Terms and Conditions Agreement was last updated: November 24, 2020
This Terms and Conditions Agreement (“Agreement”) applies to any and all users of this website, including without limitation users who are browsers, vendors, customers, and/or merchants (“User”), and to all orders entered into by and between Mavrick E-Bikes LLC dba Mavric Bikes (“Mavric”) and any purchaser or end-user (“Buyer”) of any product offered by Mavric.
By using this website and/or purchasing any product from Mavric, you hereby agree to this Agreement. This website, including information contained herein and products displayed as available, may be updated from time-to-time. Mavric reserves the right to update, modify, change, or replace any portion of this Agreement by posting same on its website. Any User and/or Buyer may review the most up-to-date version of this Agreement on the website at any time.
The information contained on this site is provided for general information only.
BY ACCESSING MAVRIC’S WEBSITE, CONTINUING TO USE THE WEBSITE, AND/OR PURCHASING A PRODUCT FROM MAVRIC, YOU ACCEPT THIS AGREEMENT AND REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) THAT YOU ARE AT LEAST 18 YEARS OF AGE, (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND (4) YOU WILL NOT USE ANY PRODUCTS OFFERED BY MAVRIC FOR ILLEGAL OR UNAUTHORIZED PURPOSES.
Any offer for any product on this website is void where prohibited.
Mavric reserves the right to refuse any order placed by any User or Buyer and further reserves the right, in its sole discretion, to limit or cancel quantities of products purchased per person, per household, or per order. Mavric may limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
Prices are subject to change at any time. Prices reflected do not include any federal, state, or local taxes, or any other governmental charge upon or to which a sale, purchase, delivery, or use of any product offered by Mavric may be subject. Prices are stated in U.S. dollars. Mavric will accept payment by major credit cards via Wix or Square (the later when purchases are made in person), and through PayPal.
Mavric reserves the right to make changes or modifications in the design, specification, and/or components of any product offered via this website or otherwise. Mavric will make every effort to ensure that changes or modifications are promptly posted. Mavric reserves the right to make any and all changes or modifications it, in its sole discretion, deems necessary in the course of business, including but not limited to pricing, product specifications, product quantity, and product availability.
Shipping and Delivery
Mavric shall use commercially reasonable efforts to fill Buyer’s orders within a commercially reasonable timeframe. Mavric shall not be liable for any inability to meet any such timeframes, including any damages arising therefrom. Mavric will ship its products anywhere in the U.S. where delivery is available via major carrier (e.g., UPS Ground, Federal Express, or DHL).
Mavric shall not be responsible for any delay in the delivery of, or failure to deliver, any product due to causes beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions, pandemics, hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or transportation delays not caused by the fault of Mavric, delays caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond Mavric’s reasonable control. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay.
Assembly & Use of Products
If Buyer purchases any product that requires assembly, Buyer shall, at its sole expense, make all arrangements and connections necessary to install and operate the product properly. Buyer shall complete all assembly in conformance with any instructions provided by Mavric and shall indemnify Mavric against any and all damages, demands, suits, causes of action, claims and expenses (including attorney’s fees and costs) arising directly or indirectly out of Buyer’s failure to properly install the product.
Buyer is responsible for using and maintaining the product in a proper and safe manner, and in accordance with any required laws and/or as set forth in any manual and instruction sheet provided by Mavric.
Mavric provides a six (6)-month limited warranty that includes coverage for the mechanical and electrical components of its products. The limited warranty of mechanical and electrical components are warranted to the original Buyer against manufacturing defects in materials and/or workmanship for six months from the original ship date. Buyer must be able to provide proof of purchase to Mavric’s satisfaction.
Exclusion of Warranties
You expressly acknowledge and agree that your use of the website, the information contained on the website, and/or your use of any product purchased from Mavric is at your sole risk. To the maximum extent provided by law, the website, the information contained on the website, and, except as expressly provided in the above described Limited Warranty, any product purchased from Mavric is provided “as is” and “as available”, with all faults and without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, and fitness for a particular purpose.
Mavric does not warrant that the website, the information contained on the website, or any product provided by Mavric will meet your requirements or expectations, that the operation of the website will be uninterrupted or error-free, or that defects in the website and/or the information contained on the website will be corrected.
No recommendation, advice, or information, whether oral or written, given by Mavric and/or any of its directors, partners, officers, shareholders, members, employees, affiliates, agents, parents, subsidiaries, contractors, subcontractors, licensors, service providers, and suppliers will create a warranty not expressly made herein.
The foregoing exclusion of warranties shall survive any termination or expiration of this Agreement and/or your use of the website, the information contained on the website, and the use of any product provided by Mavric, except as expressly provided herein. Some jurisdictions do not allow the exclusion or disclaimer of implied warranties and therefore, only in such instances, shall the above-referenced exclusion be inapplicable.
Limitation of Liability
Mavric and its directors, partners, officers, shareholders, members, employees, affiliates, agents, parents, subsidiaries, contractors, subcontractors, licensors, service providers, and suppliers shall not be liable for any injury, loss, claim, or damages of any kind (including direct, indirect, incidental, special, punitive, or consequential damages and damages for lost profits, loss of revenue, or loss of use) arising from or out of the use of any product purchased from Mavric, or from any other claim related in any way to an information contained on this website, whether based in contract, tort (including negligence), warranty, strict liability, under statute, in equity, at law, or otherwise. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages and therefore, only in such instances, shall the above-referenced exclusion be inapplicable.
You agree to indemnify, defend, and hold harmless Mavric and its directors, partners, officers, shareholders, members, employees, affiliates, agents, parents, subsidiaries, contractors, subcontractors, licensors, service providers, and suppliers from any claim, demand, or liabilities, damages, losses, and expenses (including without limitation reasonable attorney’s fees and costs) made by any third-party due to or arising out of your breach of this Agreement, or connected in any way with your use of the website, any information contained on the website, or any product purchased from Mavric. The indemnification obligations under this Agreement shall survive any termination or expiration of the Agreement and your use of the website and/or any products purchased from Mavric.
Mavric accepts returns within thirty (30) days of the original ship date, so long as the product is in the same condition as Buyer received it. If a product is not returned in the original, sealed box, the returned product shall be subject to a restocking fee in the amount of twenty percent (20 %) of the amount paid by Buyer. For all returns, a return authorization must first be obtained from Mavric. Buyer may request a return authorization by contacting Mavric at email@example.com. Mavric will not accept returns that have not been authorized by Mavric. Once the product has been returned to Mavric and Mavric has determined in its sole discretion that the product is in the same complete (including all components) and undamaged, Buyer’s purchase price, less shipping and handling, will be refunded to Buyer in a commercially reasonable timeframe.
Binding Individual Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute between You and Mavric, except as expressly provided herein, shall be decided by binding arbitration. The term “Dispute” shall be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between You and Mavric that arises out of or in any way relates to Your access to or use of Mavric’s website, the provision of content, services, and/or products on or through the Website, any product or service provided by Mavric, and/or this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration & Class Action Waiver Section. You and Mavric agree that the only Disputes not covered by this Binding Individual Arbitration are claims for equitable relief.
Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving Mavric, one of its products, or its website. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on the original Buyer and any heirs, successors, assigns, or subsequent purchasers who purchase a Mavric product from a Buyer.
If You or Mavric have a Dispute that you elect to resolve through arbitration, the party initiating the arbitration proceeding must initiate it with AAA, http://www.adr.org. The terms of this Section govern in the event they conflict with the relevant AAA rules described below. The arbitration shall be conducted by a single arbitrator. Except as otherwise provided in this Binding Individual Arbitration & Class Action Waiver Section, the arbitration shall be governed by the rules set forth in this Agreement and the arbitration shall be governed by the AAA Consumer Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated.
The cost of any arbitration filing fees and arbitration fees shall be split equally between You and Mavric, unless the arbitrator finds the arbitration to be frivolous, in which case You shall be responsible for the filing fees and arbitration fees. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs. The decision of the arbitrator will be in writing and binding and conclusive on You and Mavric, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
Arbitration proceedings conducted pursuant to this Section shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this shall not prevent the disclosure of such information as may be required to You or Mavric’s legal and financial advisors and independent accountants, legal, financial and other professional advisors, and/or existing or potential insurers.
You or Mavric may initiate arbitration in Maricopa County, Arizona and any and all proceedings in arbitration will take place in Phoenix, Arizona.
If any clause within this Section is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. This Section shall survive any termination of this Agreement or the provision of any service or product to You.
This Agreement constitutes the entire agreement between Mavric and any User or Buyer with respect to the subject matter hereof, and, except as expressly identified herein, all prior or contemporaneous agreements, representations, and understandings by the parties are hereby superseded. There are no other covenants, agreements, promises, terms, provisions, conditions, undertakings or understandings, either oral or written, concerning the Agreement. This Agreement shall not be contradicted, explained, or supplemented by any contemporaneous written or oral statements, proposals, or representations.
Governing Law, Jurisdiction, and Venue
Arizona law, without regard to the principles of conflicts of law, shall govern the interpretation and enforcement of this Agreement and all claims arising out of or relating to this Agreement. You agree that any dispute not subject to arbitration as set forth herein shall be litigated exclusively in a court of competent jurisdiction in either the Superior Court of the State of Arizona in Maricopa County or in the United States District Court for the District of Arizona located in Phoenix, Arizona. For such disputes not subject to arbitration, the above-described courts shall have exclusive personal jurisdiction over the parties and venue lies exclusively in the above-described courts. The Parties further agree that they will not contest jurisdiction or venue in either forum.
In the event of any breach of this Agreement and action taken to enforce this Agreement or address a breach thereof, or any claim arising out of or relating in any way to this Agreement, the prevailing party shall be entitled to an award of its attorney fees and costs in connection with such an action, including non-taxable costs, expert witness fees, and legal expenses.
No waiver of any of the provisions of this Agreement shall be, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed by the party making the waiver.
If any provision of this Agreement, shall be adjudged by any court to be void or unenforceable, the void or unenforceable provision shall be deemed severed from the Agreement and shall not affect the validity or enforceability of any other provision in this Agreement, the application of such provision in any other circumstance, or the validity or enforceability of this Agreement as a whole.
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