To Ride An EBike

You Must be:

Over the age of 12

You must follow the rules of the road.

You cannot exceed 32 kilometers per hour

You must wear a helmet If you do not think the helmet provides the protection you require, change your helmet.

You must have a bell and a rear reflector.

You must be familiar with the operation and controls of the EBike.

You must check your bike prior to each ride.

Check all items on the bike are in good working order.

Check the front quick release is correctly fastened.

Check the brakes and throttle are functioning correctly.

 

You Must:

Understand the operation of an EBike?

Be competent and physically able to operate a motorized ebike?

 

You are always 100% responsible for the operation of the ebike.

 

You are responsible to educate yourself, read up on, watch You Tube videos and ask questions on the safe operation and care of your EBike.

 

Contact us to receive instruction and information on the operation of your EBike.

Limited Warranty

Within 1 year, after the date of purchase, if any Covered Component of the bike is found to be defective in material and/or workmanship, a replacement part may be provided. EBE has the sole discretion to determine the resolution of warranty issues.  

DETERMINING WHETHER DAMAGE OR DEFECT TO AN E-BIKE, ITEM OR COVERED COMPONENT IS PROTECTED BY THIS LIMITED WARRANTY SHALL BE IN THE SOLE DISCRETION OF EBE.

EBike Edmonton Inc.

Last updated: Aug 3, 2022

All EBike Edmonton Inc. (“EBE”) ebikes (the “ebikes”), and their individual Covered Components (as defined herein), are protected against all manufacturing defects in material or workmanship for 1 year after receipt of the ebike by the customer (the “Warranty Period”). This Limited Warranty is only applicable to Canadian ebike purchases subject to the applicable warranty terms offered by EBE in those jurisdictions) and in accordance with the following terms:

Only the original owner of an ebike purchased from EBE’s online or physical storefront is covered by this Limited Warranty. The Warranty Period begins upon your receipt of the ebike and shall end immediately upon the earlier of the end of the Warranty Period any sale or transfer of the ebike to another person, and under no circumstances shall the Limited Warranty apply to any subsequent owner or other transferee of the ebike.

  • The Limited Warranty is expressly limited to the replacement of a defective lithium-ion battery (the “Battery”), frame, forks, stem, handlebar, headset, seat post, bottom bracket, crankset, freewheel, cassette, derailleur, shifter, motor, throttle, controller, and display. (each a “Covered Component”).

  • The Covered Components are warranted to be free of defects in materials and/or workmanship during the Warranty Period.

  •  In the event EBE determines a Covered Component is defective, EBE will, as your sole and exclusive remedy and in EBE’s sole discretion: (a) repair the defective Covered Component or free of charge with new or refurbished parts; or (b) replace the defective Covered Component with a new Covered Component.

This Limited Warranty Does Not Cover:

  • Normal wear and tear of any Covered Component.

  • Consumables or normal wear and tear parts (including without limitation tires, tubes, rims, spokes, brake pads, cables and housing, grips, chain, lights, light bulbs,  seats, grips and accessories.

  • Any damage or defects to Covered Components resulting from failure to follow instructions in the ebike owner’s manual, acts of God, accident, misuse, neglect, abuse, commercial use, alterations, modification, improper assembly, installation of parts or accessories not originally intended or compatible with the ebike as sold, operator error, water damage, extreme riding, stunt riding, freezing or improper follow-up maintenance.

  • For the avoidance of doubt, EBE will not be liable and/or responsible for any damage, failure or loss caused by any unauthorized service or use of unauthorized parts.

  • The Battery is not warranted from damage resulting from power surges, use of an improper charger, improper charging, improper maintenance or other such misuse, normal wear or water damage, or freezing.

  • Any products sold by EBE that is not an ebike.

 

DETERMINING WHETHER DAMAGE OR DEFECT TO AN E-BIKE OR COVERED COMPONENT IS PROTECTED BY THIS LIMITED WARRANTY SHALL BE IN THE SOLE DISCRETION OF EBE.

Shipping Damage:

Damage to a Covered Component during shipping is not covered by this Limited Warranty. 

To help with your Shipper's Damage claim:

Notify EBE of the damage in the shipping process within five (5) days of your receipt of the ebike;

  • Provide EBE with a dated picture of the damaged Covered Component.

  • Keep all original packaging and paperwork included with the item; and

  • Note any immediately recognizable damage on the shipper’s Bill of Lading prior to signing off on the shipment.

Shipping damage claims are very time-sensitive and it is your responsibility to immediately inspect the ebike for damage upon receipt.

If you choose to set up your own independent shipping method, such as use of a freight forwarder or other similar service, EBE will not replace any Covered Components damaged during such shipping method.

 Credit Card Chargebacks:

 If any ebike purchase becomes subject to a credit card chargeback in any amount, and you are still in possession of the ebike, then this Limited Warranty shall be invalidated until the credit card chargeback has been resolved.

CLAIMS PROCESS:

EBE WILL NOT REPLACE ANY COVERED COMPONENT UNDER THIS LIMITED WARRANTY WITHOUT FIRST SEEING PHOTOS OR VIDEO OF THE DAMAGED COVERED COMPONENT.

In order to exercise your right to receive a replacement for a Covered Component under this Limited Warranty, you must:

Contact the EBE Technical Support team by email at can-support@radpowerbikes.com or by phone at 1-(780) 616.3018. The Support team will initially work with you on the problem with your ebike to identify potential simple fixes.

  • If the EBE Support team determines that a Covered Component must be replaced, they will provide you with a set of instructions for returning the defective Covered Component and receiving the replacement.

  • After you receive the replacement Covered Component, the Support team will also help in determining how to replace or install the new Covered Component into your ebike.

  • You will be responsible for shipping costs associated with returning a Covered Component, unless EBE agrees in writing to pay for such shipping costs. Replacement Covered Components under this Limited Warranty shall only be shipped to the address of the original purchaser.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND EBE’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE E-BIKE, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW EBE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

RETURN POLICY

If you’re not satisfied with an item, you may return or exchange it within 7 days of the original purchase date.

Purchased Products that have not yet shipped may be canceled for a full refund.

You must obtain an EBE Return Form by contacting us at bike@ebikeedmonton.com. Any Products sent back to EBE without the written consent of EBE shall be rejected and returned to you at your cost.

You will be responsible for the return shipping fee and a twenty-five percent (25%) restocking fee (which shall all be withheld from your refund). All refunds will be made to the same form of payment as the original purchase.

We can only accept returns for items we receive. We cannot guarantee that we will receive the item you are attempting to return. 

 

Shipping Fees are non-refundable.

Items must be in the original package, with tags attached and resell-able. 

Products shall be unused, free of any wear and tear, free of dirt or dust, undamaged, not scratched, clean and free of any signs of use.

You will be required to provide your name, telephone number, and postal code for all return or exchange transactions.

 

Refunds or exchanges are not accepted on reduce priced items, or discounted special/custom orders or items. 

 

Returns – Ordered And Received

You have up to 5 days or up to 5 kilometers, to try it out. If you do not like it after 5 days, or 5 kilometers or less, you can return it to Ebike Edmonton in the same boxes and packing material it came with along with all the paperwork.

Take pictures to help us with your refund and warranty. We may ask you to send us pictures to qualify for a return.

 

We charge a 25% restocking fee.

 

 

We will provide you with the return label, and then you send it to us. You will be responsible for the return shipping cost to the manufacturer. Once we receive the product back, we will inspect the product and try to resolve the issue. If we cannot resolve the issue, we will return the product to the manufacturer.

 

 If the return inspection has failed, We will contact you within fifteen (15) business days of completing the return inspection. 

Returns – Unapproved / Unauthorized Returns

If an order is returned to us without previous written consent and no return authorization number, the attempted delivery will either be rejected, accepted and held until shipping costs to return the item to you are received or an expenses-paid return label is received. We will make documented attempts to reach you about an unapproved or unauthorized return for a period of ten (10) business days. If we are unable to get in contact with you via original order-supplied contact methods within ten (10) business days, the item will be forfeited.

DETERMINING WHETHER AN E-BIKE OR COVERED COMPONENT IS RETURNABLE SHALL BE IN THE SOLE DISCRETION OF EBE.

Note

Please note that do not send the product directly to the original address when returning the product. The mailing address will be provided by mail after submitting the application. If you send it to the wrong address, you will need to pay for it to be shipped to the correct address again.

 

 

Purchase Terms and Conditions

Purchase Terms and Conditions

 

Ebike Edmonton Inc.

Last updated: August 3, 2022

 

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Ebike Edmonton Inc., a Canada limited liability company (“EBE”, “us” or “we”), and apply to all consumer purchases by you of any model of EBE’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by EBE (collectively with ebikes, the “Products”) in Canada only. Purchases are subject to the applicable Terms and Conditions contained on such website. By purchasing any Products from EBE, whether online or through our Agent,  you hereby 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.

To Ride An EBike

You Must be:

Over the age of 12

You must follow the rules of the road.

You cannot exceed 32 kilometers per hour

You must wear a helmet If you do not think the helmet is the right for you, change your helmet.

You must have a bell and a rear reflector.

You must be familiar with the operation and controls of the EBike.

You must check your bike prior to each ride.

Check all items on the bike are in good working order.

Check the front quick release is correctly fastened.

Check the brakes and throttle are functioning correctly.

 

You Must:

Understand the operation of an EBike?

Be competent and physically able to operate a motorized ebike?

 

You are always 100% responsible for the operation of the ebike.

 

You are responsible to read up on, watch You Tube videos and ask questions on the safe operation and care of your EBike.

 

Contact us to receive instruction and information on the operation of your EBike.

  1. APPLICATION. These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with EBE 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.

2. ORDERS. In the event you are purchasing an ebike by ordering online or by telephone or through our Agent, your order of an ebike is an offer to buy. EBE will send you an email confirming our receipt of your order. EBE 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 errors or suspected fraud.

  1.  SHIPPING. Ebikes shipped within Canada are subject to shipping and handling costs. Palletized freight orders are subject to additional fees. Orders for accessories, parts or other Products are subject to applicable shipping fees. We are currently only shipping to Canada. We are currently not shipping to Yukon Territory, Northwest Territories, and Nunavut.

    1. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.

    2. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO Boxes or APO.

    3. Orders containing discounted merchandise may take an additional 48 hours to process.

    4. You are solely responsible for ensuring you comply with all applicable local/state/provincial/federal regulations concerning the import and use of electric bicycles. Acceptance of orders outside of Canada shall be in EBE’s sole discretion.

    5. Any changes that you make regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay your receipt of the ebike and replacement items and/or refunds if any issues occur. Additional costs may be incurred.

    6. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of the shipping or delivery company other parcel service.

    7. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee that we will receive the item you are attempting to return. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated in to by reference and form a part of these Terms.

    8. For any third-party shipping outside of EBE’s normal shipping process, EBE will not provide ANY additional shipping information or documentation.

 

  1. BUILT AND DELIVERED PROGRAM TERMS

    1. If you are in certain geographic areas and it is made available, you may have the option of choosing to benefit from EBE’s Built and Delivered Program (the “BD Program”). Under the BD Program, your ebike will be brought to your specified address by an EBE representative pre-assembled, including any purchased accessories, for your immediate use. The EBE representative will also provide a tutorial demonstrating how to use and benefit from the features of your new ebike, including its operation and battery charging recommendations.

    2. The BD Program is subject to an additional fee, which EBE may change at any time in its discretion. You will be given the opportunity to choose the BD Program at checkout and the applicable fee will be communicated to you prior to your payment.

    3. You will be responsible for scheduling a date and time for the EBE representative to deliver and assemble your ebike. If you are not at the specified address to receive your ebike at that date and time, we will contact you directly to schedule a new date and time.  If you are not at the specified address to receive your ebike at that date and time, we will contact you directly to schedule a new date and time. If you fail to be at the specified address a second time, you will be charged a $100 no-show fee. The delivery window is 30 minutes.

    4. All other terms and conditions contained herein will apply to your ebike purchase. Your warranty will begin as of the moment that your ebike arrives with the EBE representative.

 

  1. OWNERSHIP.

    1. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time EBE delivers such Products to the applicable shipping carrier.

    2. Notwithstanding the foregoing, 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.

 

  1. RETURNS POLICY. In order to undertake a valid return, you must obtain written approval for such return from EBE, which can be obtained by contacting EBE at  ebike@ebikeedmonton.com. Any Products sent back to EBE by you without the written consent of EBE shall be rejected and returned to you at your cost.
     

    1. Purchased Products that have not yet shipped may be cancelled for a full refund.

    2. Ebike Returns. To return an ebike that is not defective or damaged, you must contact EBE within fifteen (15) days of your receipt of the ebike. The ebike must be unused, free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received the ebike. You will be responsible for paying a CDN$200 shipping fee and a twenty-five percent (25%) restocking fee (which shall all be withheld from your refund).

    3. 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.

    4. Accessory and Replacement Parts. Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within 5 days of receipt. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it. You will be responsible for paying for shipping both ways and a twenty-five percent (25%) restocking fee.

    5. Non-returnable/non-refundable Items. Used Products, all merchandise, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable under any circumstances except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built & Delivered” fees are non-refundable.

    6. Refunds.

      1. Refunds will be made after the ebike is received and inspected. The inspection process will typically take about one (1) week once the bike is received. Once the entire inspection is completed, refunds will typically be processed in about two (2) business days.

    7. Process. Please ship all approved returns using the shipping label provided during the return merchandise authorization process.

 

  1. 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.

    1. Street Legality. All of our ebikes as manufactured are street legal in accordance with the federal laws of Canada. It is your responsibility to be aware of specific local restrictions on the use or operation of the ebike in your community, which may be more restrictive than the federal laws of Canada.

    2. 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 shall void the Warranty and shall be at your sole risk of harm.

 

  1. PAYMENTS. Our website is powered by Shopify and all payments made by you to EBE are processed through Shopify’s payment portal. Payments may be declined or returned to you, in EBE’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 EBE, 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.

    1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.

 

  1. DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY EBE, 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. EBE 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, SUITABILITY, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, EBE, ITS AFFILIATES, AGENTS, EMPLOYEES, 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.

 

  1. LIABILITY. WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE 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.

 

  1. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EBE OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS 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 EBE, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. ACKNOWLEDGEMENT AND INDEMNIFICATION.

 

  1. 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 EBE.

  2. You agree to hold harmless EBE, its directors, officers, employees, agents, members, partners, suppliers, and licensors in respect of all liabilities, loss, expenses, fines, suits, claims, demands, action or causes of action of any kind and howsoever caused and for which the Purchaser may become liable or by reason of breach or non-performance of any covenant, agreement or proviso, including the safe operation of the Product or by reason of an act or default by the Purchaser including property damage, personal injury, injury to others, or death. This indemnity shall, where the breach, non-performance, damage to property, personal injury or death occurs during the ownership of the Product, survive the termination of ownership.

  3. You agree to protect indemnify EBE, its directors, officers, employees, agents, members, partners, suppliers, and licensors and hold harmless from, including those of third parties, and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of: (a) Any damage to any property or any injury, including death, to any person occurring form the use of our Products or (b) The use, conduct or management of anything whatsoever done by you or others of our Product; (c) You or others failure to comply with any and all governmental laws, ordinances and regulations or terms of this Agreement applicable to the condition or use of the Product.  You further agree that EBE shall not be liable for any personal injuries or damage to any goods, wares, or property, regardless of how such injuries or damages may be caused.

  4. You agree to release, waive, defend, indemnify, and hold EBE and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party 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. EBE 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 EBE in asserting any available defenses.

 

  1. Governing Law.

THIS GOVERNING LAW CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS

 

These Terms and any disputes between you and EBE will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflicts of laws.

 

  1. Dispute Resolution and Binding Arbitration.

 

THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS

 

Where permitted by applicable law, all disputes, controversies or claims arising out of or in connection with or in relation to these Terms or the breach thereof, including any and all disputes, claims or question regarding: (a) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms; (b) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of these Terms; or (c) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of a Product, will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the Alberta International Commercial Arbitration Act then in force (respectively, the “”). A single arbitrator will be appointed by agreement of the parties, or, if in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be held in Edmonton, Alberta and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s’ fees and disbursements and arbitrator fees and expenses. Any award and the determination of such arbitrator will be final and binding upon you and EBE. A judgment on the award of the arbitrator may be entered into any court having jurisdiction of the party or parties against whom an award may be issued and each of you and EBE agrees to and hereby waives any defenses against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms.

 

  1. NOTICE AND UPDATES. EBE will provide all notices (including legal process) that EBE is required to give by any lawful method, including by making notice available through the web site or by sending it to any e-mail or mailing address that you provide to EBE. You acknowledge that if you do not provide EBE with current and accurate contact information, EBE may not be able to contact you. You agree to send EBE notices by email to: bike@ebikeedmontont.ca.

  2. 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.” EBE’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 EBE if it is in a written document signed by EBE. 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 EBE intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and EBE 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. EBE 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 EBE’s successors and assigns. EBE 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 incorporated terms) and any Additional Terms constitute the entire agreement between you and EBE with respect to the Site. Both you and EBE warrant to each other that, in entering this agreement, neither EBE 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 incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and EBE, or EBE’s successors and assigns, will have any right to enforce these Terms.

 

  1. We reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion. If this decision is made it is final and cannot be undone.

 

  1. HOW TO CONTACT EBIKE EDMONTON Inc. If you have any questions or comments regarding these Terms, you may contact EBE by any of the methods available on our website at www.ebikeedmonton.com or by email at bike@ebikeedmonton.com.