Terms of service
General
These Terms of Service are entered into by and between you (“you” and “your”) and Lectric eBikes LLC (“Lectric,” the “Company,” “we,” or “us”). The following terms and conditions (these “Terms”) govern your access to and use of www.lectricebikes.ca, or www.lectricebikes.com/en-ca including without limitation any content, functionality, and products and/or services offered on or through www.lectricebikes.ca or www.lectricebikes.com/en-ca (the “Website”), whether as a guest or a user with a registered Account.
Please read these Terms carefully before you start to use the Website. By using the Website, you (“User”) accept and agree to be bound and abide by these Terms and consent to our collection, use, communication and disclosure of your personal information as set out in the policy found at www.lectricebikes.com/policies/privacy-policy[McM1] (“Privacy Policy”). If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
Use of the Website; Eligibility
The Company grants you a non-exclusive right to access and use the Website and the data, material, content or information therein (collectively, the “Content”) solely for your personal use. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website, and comply with applicable laws.
We do not warrant the accuracy, completeness, or usefulness of the Content at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on the Content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.
You may not order or obtain any or all items of the products or services offered by the Company (regardless of designation or brand) (collectively, “Lectric Products”) from the Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 16 years of age or (ii) legal age to form a binding contract with the Company, or (c) are prohibited from accessing or using the Website or any of the Content or goods by applicable law. If you are the parent or legal guardian of a minor who you permit to access any portion of the Website, or make use of the Website, you agree that you take full responsibility for the minor’s use of the Website and for the minor’s compliance with these Terms.
User Account Responsibility
If you are given, or if you create, an account (including any password) to access the Website, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur in or through your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses
You agree that you will not:
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;
- Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website;
- Use the Website in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms; or
- Impersonate or attempt to impersonate the Company, an employee of the Company, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third-Party Websites
The Website may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites” or, in the singular, “Linked Site”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by the laws of the United States of America (the “USA”), Canada and other jurisdictions regarding copyrights, trademarks, patents, trade secrets, and other intellectual property or proprietary rights.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.
Additionally, you must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text from the Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Except as expressly provided under these Terms, nothing grants you the right to use trademarks or other intellectual property owned by the Company or any third-party.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@lectricebikes.com. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks and Trade Names
The Company or one or more of its affiliates or licensors have trademark, trade name or other proprietary rights in the Company’s name, LECTRIC, the Company’s logo, and all related names, logos, product and service names, designs, and slogans. You must not use such properties without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners.
When posting any information, materials or content or otherwise accessing the Website, User agrees that User will not:
- Harass, defame, intimidate, or threaten another user;
- Interfere with another user’s rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive, or indecent;
- Post any trademarks, logos, copyrighted material, or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries, or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
- Use any means to scrape, crawl, or spider any or all parts of the Website;
- Use, display, mirror, or frame the Website or any individual element within the Website, the Company’s trademarks, logos, or other proprietary elements or information, or the layout and design of any page or form contained on a page, without the Company’s express written consent; or
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used in or relating to the Website.
Copyrights
We respond to notices of alleged copyright infringement in accordance with applicable law. If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, please send the following information to the person or entity identified below (the “Copyright Agent”):
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Website.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, his, her or its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- The contact information for the Company’s Copyright Agent is as follows:
Copyright Agent
Lectric eBikes, LLC
2311 West Utopia Road
Phoenix, AZ 85027
Email: cristy@lectricebikes.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
The Company may at its discretion suspend or terminate the access of and take other action against those who infringe the copyrights of others.
Product Information and Availability
Information about Lectric Products is provided on the Website for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on the Website. We reserve the right to correct or update the Website with respect to Lectric Products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us immediately.
Availability of each product shown on the Website is not guaranteed, as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected product is not available at the time your order processes, we will notify you.
Without prior notice to you, we reserve the right to change any component or part of our eBikes or to change manufacturers of such components or parts. Such changes, as well as any modification to the manufacturing process of Lectric Products, shall not constitute grounds for returning any or all of what is purchased.
Order Acceptance
Orders are initiated when you submit an order on the Website. You agree that your order is an offer to buy, under these Terms, each product listed in your order. All orders must be accepted by us or we will not be obligated to sell the product(s) to you. We may choose not to accept any orders at our sole discretion. If you wish to purchase any Lectric Products available through the Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. By submitting such information, you grant the Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.
Order Cancellation
For information on order cancellation, please see our Shipping Policy and our Refunds Policy.
Customer Service
At Lectric, we pride ourselves on our exceptional customer support. We promise to do our best to treat you with fairness, patience, and respect in every interaction. We kindly ask that you do the same with all members of our staff.
Lectric reserves the right to refuse service or to refuse to sell any or all Lectric Products to any customer who becomes belligerent, rude, or disrespectful. This can include, but may not be limited to, issuance of refunds and termination of accounts/orders, each at Lectric’s sole discretion.
Prices and Payment Terms
All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Price increases, and any price decreases, will only apply to orders placed after such changes and will not change already placed orders. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart, including any heavy fee for items due to size or weight. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (a) the credit or debit card information or other payment information you supply to us is true, correct, and complete, (b) you are duly authorized to use such payment information for the purchase, (c) charges incurred by you will be honored by your financial institution, and (d) you will pay charges incurred by you at the relevant prices, including all applicable taxes, if any.
At Lectric, we offer high-quality electric bicycles (“eBikes”) at everyday low prices. We focus on efficiency so we can keep our pricing fair and consistent.
Questions:
If you have any questions about our pricing, please contact Customer Service at contact@lectricebikes.com or 602-715-0907.
Shipment and Delivery
For more information on our shipping and delivery terms, please see our Shipping Policy.
When ordering a product from our website before it is available with the expectation that it will be shipped later (a “Pre-Order”), your card will be charged in the full amount of the total purchase price immediately.
Lectric provides an estimate of when the Pre-Order may ship. We reserve the right to change the estimated shipping date at any time without notice.
A Pre-Order may be canceled at any time before the bike has shipped for a full refund.
Except as otherwise expressly authorized by Lectric, if you dispute a credit card charge for a purchase from us due to a claim of product defect and your bank reverses or suspends the transaction (“Credit Card Chargeback”), (a) the refund, or credit will not be processed unless such claim complies with our Limited Warranty (the “Warranty”), Refunds Policy , or, for alleged shipment damage, our Shipping Policy and (b) the Warranty Period and the Claims Period (as such terms are defined in the Warranty), as well as other relevant time periods, will continue to run. Such compliance may include without limitation your returning such product to us and our receipt of it. If we determine that no such return need be made, such product will be deemed to be outside the Warranty Period and the Claims Period, unless Lectric notifies you otherwise.
eBike Performance Disclaimer
The eBike's range and top speed provided by us are estimates (not guarantees) of expected performance. Performance will vary with, among other things, rider weight, cargo weight, rider/cargo shape (both contribute to drag), terrain, tire pressure, brake adjustment, throttle vs Pedal Assist System (PAS) usage, pedal power, battery charge level, ambient temperature, and wind conditions. Under certain conditions, ranges and top speeds may differ from the listed estimates.
Authorized Resellers Only
No unauthorized individual or entity is allowed to sell or distribute our new eBikes. If you purchase a new eBike through a Lectric authorized third-party reseller (“Authorized Reseller”) and wish for your eBike to be covered under the Warranty, you may be required by us to provide proof of purchase. Purchasing a new eBike for resale or rental use is strictly prohibited.
Location of our Services
The Company is located in the State of Arizona in the USA. We make no claims that the Website or any of its contents are accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries.
Product Warranty
Please see the Warranty, found at https://lectricebikes.com/en-ca/pages/lectric-ebikes-manufacturers-warranty and incorporated into these Terms by reference, for more information regarding warranties for Lectric Products.
Product Risk Disclaimers
Riding any kind of bicycle comes with inherent risks and dangers that cannot be predicted or avoided. These dangers could result in a serious accident, injury, or death of the rider. It is the sole responsibility of the rider to become properly educated and prepared to ride safely. By purchasing and/or operating your eBike, you voluntarily assume all risks associated with its use.
Once you are in possession of your eBike, Lectric strongly recommends and encourages that you have a certified and reputable bicycle mechanic complete a full inspection of each component and accessory on the eBike to ensure it is safe for operation, including without limitation that each such component and accessory is properly secured and adjusted, as Lectric makes no representations or warranties that your purchase will be so secured and adjusted upon receipt or use. Before every ride fully inspect your bicycle to ensure everything is secured and adjusted properly.
Do not modify the eBike in any way. Any modification to the eBike may render the eBike non-compliant with safety standards. Any repairs or replacements should be done by a certified and reputable bicycle mechanic .
The eBike utilizes lithium-ion batteries, which must be handled with special care. You are responsible for
following all guidance, instructions and warnings contained within the manual, instructions, and warnings
that accompany your eBike.
Certain eBike products may not comply with federal, provincial or local regulations for their product category at the time of purchase. You are solely responsible for understanding and complying with all applicable laws, regulations, and bylaws related to the importation into Canada, and the operation and use of your eBike in your local area. eBike laws can change and customers and users are encouraged to check for the most current laws, regulations and bylaws. You must also read and closely follow the instructions and warnings in any written materials and labels accompanying your eBike.
Lectric is not liable for any injury, death, or property damage arising from the failure to conduct such inspections, failure to follow the instructions and warnings, and/or failure to comply with all federal, provincial, territorial, and/or municipal laws, bylaws, rules, and regulations that apply to the use of an eBike.
Warranties Regarding the Website
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHERS OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF EITHER OR BOTH OF THE WEBSITE AND THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU REGARDING YOUR USE OF THE WEBSITE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT SUCH IMPLIED WARRANTIES WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Liability Disclaimer Regarding the Website
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS, OR COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES) RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE WEBSITE OR THE CONTENT OR THE DATA, CONTENTS OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEN, UNFORESEEN, OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BYJURISDICTION.
IN ANY CASE, THE ENTIRE LIABILITY OF THE COMPANY AND ITS THIRD-PARTY LICENSORS UNDER ANY PROVISION OF THESE TERMS ARISING OUT OF YOUR USE OF THE WEBSITE WILL BE LIMITED TO THE LESSER OF PROVABLE DAMAGES OR ONE HUNDRED DOLLARS ($100.00).
Force Majeure
The Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond the Company’s control, including, but not limited to, civil wars, insurrections, strikes, riots, fires, storms, floods, earthquakes, other acts of nature, epidemics, quarantine restrictions, explosions, accidents, any act of government, delays in transportation, inability to obtain necessary labor, supplies, or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities, or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, failure of transportation, failure of vendors to perform or labor actions causing cessation, slowdown, or interruption of work.
Indemnity
You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, agents and independent contractors (collectively, the “Company Indemnitees” or the “Company Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers' fees and costs) that may be incurred by any or all of the Company Indemnitees arising out of or relating to (a) the information you provide to us, (b) your violation of these Terms, including without limitation the failure to follow one or more of the Warranty, the Refunds Policy and the Shipping Policy , (c) your violation of any applicable laws, rules, or regulations in connection with the Website or use of Lectric Products, (d) your negligence or act or omission in connection with the performance of these Terms; (e) any bodily injury of a third party, death of any third party, or damage to real or tangible or intangible property caused by the purchase and/or use of your eBike ; or (f) your use of the Website. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any or all of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, the Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Website or the Company’s products or any aspects thereof, whether subject to indemnification hereunder, and, in such case, you will cooperate fully with the Company in our defense thereof.
Termination and Restriction of Access
The Company may terminate or suspend your access to the Website for breach of these Terms or for any reason whatsoever, with or without notice and specified or unspecified. The Company shall not be liable for any losses or damages arising from any such termination or suspension of service. Moreover, in addition to any remedies provided under these Terms or by operation of law, the Company may terminate or suspend such access with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under these Terms and such failure continues for 15 days after your receipt of written notice of nonpayment; (b) have not otherwise performed or complied with any of these Terms, in whole or in part; or (c) become insolvent, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
Governing Law and Dispute Resolution
IF YOU ARE A QUEBEC CONSUMER AS THE TERM IS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), THE STIPULATION THAT THESE TERMS ARE SUBJECT, IN WHOLE OR IN PART, TO A LAW OTHER THAN AN ACT OF THE PARLIAMENT OF QUÉBEC OR OF CANADA DOES NOT APPLY.
These Terms, as well as any and all claims or causes of action arising out of or relating to these Terms, use of the Website and Lectric Products (regardless whether in contract or tort or by statute), shall be governed by and interpreted under the laws of the province of British Columbia, Canada, without regard to that province’s conflicts of laws provisions, except that, to the extent otherwise applicable, the United Nations Convention for the International Sale of Goods does not apply. Each dispute between you and any or all of the Company Parties arising out of or relating to any or all of these Terms, use of the Website and Lectric Products will be resolved in the courts of the province of British Columbia, in the City of Vancouver, and the parties submit to the exclusive jurisdiction thereof.
Modification
At any time and without prior notice: (a) the Company may do any or all of the following: (i) modify or delete any or all of these Terms, the Warranty, the Privacy Policy, the Refunds Policy, the Shipping Policy and other policies and materials deemed relevant by Lectric (collectively, the “Relationship Documents”), (ii) issue one or more of the Relationship Documents which are new, with each such modification, deletion, or issuance becoming effective immediately, unless provided otherwise under the applicable Relationship Documents or another effective date is described by the Company, such as, but not limited to, using the designation “Last Revised” followed by a date on such documents and (b) any or all items of Lectric Products or the status thereof made available to you may change (including without limitation be discontinued generally or to you), in which case, you acknowledge and agree that the Company and each Authorized Reseller may, without liability or penalty, do any or all of the following: (i) cancel or delay fulfillment of all or part(s) of any or all pending orders (even if accepted) from you, (ii) refuse to accept all or part(s) of any or all new orders from you and (iii) substitute one or more similar items (as determined by Lectric), even if a change in pricing or other elements results. Your use or continued use of the Website or purchase and use of any or all Lectric Products shall constitute your agreement to the Relationship Documents.
Notwithstanding the foregoing, if, in the view of the Company, applicable law contains or may contain any requirement(s) or other provision(s) that is or are contrary to, in conflict with or missing from any provision(s) or part(s) thereof in any or all of the Relationship Documents (collectively, the “Identified Provisions”), Lectric, at any time, may elect (effective upon your receipt or availability of communication thereof or as otherwise designated by Lectric) that such requirement(s) or provision(s) be deleted from, substituted for or added to the Identified Provisions to the minimum extent necessary in the opinion of Lectric to address the issue(s).
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of the Relationship Documents or use of the Website. Except as otherwise expressly described in such documents, they do not and are not intended to confer any rights or remedies upon any person other than you.
Unless otherwise indicated by us, (a) the Relationship Documents (other than these Terms and the Privacy Policy) are incorporated into these Terms by reference and (b) the terms defined in these Terms shall have the same meaning throughout the Relationship Documents.
The failure by us to enforce any right or provision of the Relationship Documents will not constitute a waiver of future enforcement of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
The Relationship Documents (other than the Privacy Policy) (a) constitute the entire agreement between you and the Company with respect to the Website and the purchase and use of Lectric Products and (b) supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of the Relationship Documents and of each notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The rights and obligations under the Relationship Documents may only be assigned by the Company, in whole or in part, at any time with or without notice to you.
Company Contact Information
Questions can be directed to the Company at: contact@lectricebikes.ca