TERMS AND CONDITIONS OF USE
Your access and use of this Site is subject to the terms and conditions of use set forth below ("Terms and Conditions of Use") and all applicable laws. By accessing and browsing in the Site, you accept, without limitation or qualification, the Terms and Conditions of Use.
All Rights Reserved. Information on the Site, including but not limited to, text, presentations, figures, images and sound, may not, except where otherwise indicated, be reproduced, transferred, distributed or stored without prior written permission of ALLIED WIRELESS INC. / DANGARBIKES.COM Modifications to the contents of the Site are expressly prohibited. Some parts of the Site contain images that are subject to the copyright rights of their providers.
Unless otherwise indicated, all trademarks, service marks and logos displayed on the web site are registered and unregistered trademarks ofALLIED WIRELESS INC. / DANGARBIKES.COM (or its subsidiaries).
NO WARRANTIES OR REPRESENTATIONS
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.ALLIED WIRELESS INC. / DANGARBIKES.COM AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE INCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. ALTA CYCLING GROUP AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. IN NO EVENT WILL ALTA CYCLING GROUP BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER FOR ANY USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS, OR OF ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALLIED WIRELESS INC. / DANGARBIKES.COM makes no warranties and/or representations whatsoever about any other web site which you may access through this one. Such links are provided only as a convenience and do not mean that ALLIED WIRELESS INC. / DANGARBIKES.COM endorses or accepts any responsibility for the contents or the use of such web site. In addition, it is up to you to take precautions and to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Information on this web site may contain technical inaccuracies or typographical errors. The information contained on the web site may be changed at any time without prior notification or obligation. Information that ALLIED WIRELESS INC. / DANGARBIKES.COM publishes on the web site may contain references or cross references to ALLIED WIRELESS INC. / DANGARBIKES.COM products, services etc. that are not announced or available in your country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change.
COMMENTS, QUESTIONS AND SUGGESTIONS
ALLIED WIRELESS INC. / DANGARBIKES.COM does not want to receive confidential or proprietary information from you through our Site. Please note that any information, unsolicited suggestions, ideas or other submissions will be deemed to be non-confidential and non-proprietary. By sending ALLIED WIRELESS INC. / DANGARBIKES.COM any information or material, you grant ALLIED WIRELESS INC. / DANGARBIKES.COM a royalty free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and to sublicense such rights, and you also agree thatALLIED WIRELESS INC. / DANGARBIKES.COM is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
SPECIFIC SOFTWARE AVAILABLE ON THE SITE
Any software that may be made available to download from this Site (the "Software") is the copyrighted work of
ALLIED WIRELESS INC. / DANGARBIKES.COM and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and/or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ALTA CYCLING GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALLIED WIRELESS INC. / DANGARBIKES.COM may at any time revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.
The Terms and Conditions of Use are to be governed by and construed under the laws of the company's legal domicile in NASSAU COUNTY NY, USA, without regard to conflicts of laws provisions, and you agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in NASSAU COUNTY NY, USA.
In the event that any provision of the Terms and Conditions of Use is deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms and Conditions of Use shall be considered to be stricken from the Terms and Conditions of Use and the remainder of the Terms and Conditions of Use shall remain in full force and effect.
EBIKE ONLINE OR IN-STORE ORDERS. In the event you are purchasing an e-bike by ordering online or in an Allied wireless inc./Dangarbikes.com retail store (as opposed to a direct purchase in store of in-stock item) your order of an e-bike is an offer to buy. Allied wireless inc./Dangarbikes.com will send you an email confirming our receipt of your order. Allied wireless inc./Dangarbikes.com has accepted your order upon shipment of the e-bike. 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.
Orders Placed Via financing options. Orders placed using financing options as a payment method via www.dangarbikes.com must be shipped and cannot be picked up in store. If you would like to pick up a bike from our designated locations and purchase using financing, you may do so at time of purchase at one of our locations
- From time to time, in its sole discretion, Allied wireless inc./Dangarbikes.com may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined and Allied wireless inc./Dangarbikes.com reserves the right to end or pause all such offers, codes, or programs at any time
- Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time Allied wireless inc./Dangarbikes.com delivers such Products to the applicable shipping carrier.
- 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.
RETURNS POLICY. In order to undertake a valid return, you must obtain written approval for such return from Allied wireless inc./ dangarbikes.com, which can be obtained by contacting Allied wireless inc./Dangarbikes.com at firstname.lastname@example.org. Any Products sent back to Allied wireless inc./Dangarbikes.com by you without the written consent of Allied wireless inc./Dangarbikes.com shall be rejected and returned to you at your cost.
- Purchased Products that have not yet shipped shall be subject to a ten percent (10%) processing fee.
EBIKE RETURNS. Free returns within fourteen (14) days of delivery. To return an e-bike that is not defective or damaged, you must contact Allied wireless inc./Dangarbikes.com within fourteen (14) days of your receipt of the e-bike. The e-bike must be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that you receive it and must include all items that were inside the box (charger, keys, hardware, etc.). You must receive prior authorization and a prepaid return shipping label from Allied wireless inc./Dangarbikes.com. Any warranty issues must be resolved prior to processing a return. Returns are not allowed after fourteen (14) days of the delivery date.
Pre-Orders and Backorders and Pre-Order/Backorder Cancellations. Our backorder process is for e-bikes 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.
Accessory and Replacement Parts. Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within thirty (30) 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 will be subject to a twenty-five percent (25%) restocking fee.
Non-returnable/non-refundable Items. Used Products, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built and Delivered” fees are nonrefundable.
- Any item returned with an order that used a discount code will have the entire discount code value subtracted from the refund value, whether you return one e-bike or multiple e-bikes.
- Refunds will be made after the E-bike is received and inspected.
Process. Please ship all approved returns using the shipping label provided during the return merchandise authorization process.
EBIKE PERFORMANCE. Please note that information regarding the expected range on a single charge on one of our e-bikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an e-bike 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.
Alteration. Any alterations, modifications, or other changes made by you to an e-bike following your purchase which affect the safety, operation, or mechanics of the e-bike shall void the Limited Warranty and shall be at your sole risk of harm.
PAYMENTS. Our website is powered by Shopify and all payments made by you to Allied wireless inc./Dangarbikes.com are processed through authorize.net payment portal. Payments may be declined or returned to you, in Allied wireless inc./Dangarbikes.com’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 Allied wireless inc./Dangarbikes.com, 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.
Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
Financing. For qualified purchasers, e-bikes may be financed through Allied wireless inc./Dangarbikes.com consumer financing partners. The necessary qualifications for financing an e-bike purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an e-bike purchase, and you hereby acknowledge that Allied wireless inc./Dangarbikes.com is no way responsible for any such financing.
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.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident.
DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY Allied wireless inc./Dangarbikes.com, 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. Allied wireless inc./Dangarbikes.com 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, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, RPB, ITS AFFILIATES, 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.
DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Allied wireless inc./Dangarbikes.com 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 Allied wireless inc./Dangarbikes.com, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACKNOWLEDGEMENT AND INDEMINIFCATION. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the e-bikes, 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 Allied wireless inc./Dangarbikes.com. You agree to release, waive, defend, indemnify, and hold Allied wireless inc./Dangarbikes.com and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any 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. Allied wireless inc./Dangarbikes.com 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 Allied wireless inc./Dangarbikes.com in asserting any available defenses.
DISPUTE RESOLUTION AND BINDING ARBITRATION. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES.YOU AND Allied wireless inc./Dangarbikes.com AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND Allied wireless inc./Dangarbikes.com WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Allied wireless inc./Dangarbikes.com, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Allied wireless inc./Dangarbikes.com’s marketing or advertising (“Claims”).
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
- Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
- The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Claims may not be arbitrated on a class or representative basis. You and Allied wireless inc./Dangarbikes.com agree to arbitration only on an individual basis. Neither you nor Allied wireless inc./Dangarbikes.com may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
- You and Allied wireless inc./Dangarbikes.com agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
NOTICE AND UPDATES. Allied wireless inc./Dangarbikes.com will provide all notices (including legal process) that Allied wireless inc./Dangarbikes.com is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Allied wireless inc./Dangarbikes.com. You acknowledge that if you do not provide Allied wireless inc./Dangarbikes.com with current and accurate contact information, Allied wireless inc./Dangarbikes.com may not be able to contact you. You agree to send Allied wireless inc./Dangarbikes.com notice by mailing it to: Allied Wireless Inc., 408 Myrtle Ave. Brooklyn, NY 11205.
GOVERNING LAW. These Terms and any disputes between you and Allied wireless inc./Dangarbikes.com will be governed by the laws of the State of NY, without regard to conflicts of laws.
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.” Allied wireless inc./Dangarbikes.com’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 Allied wireless inc./Dangarbikes.com if it is in a written document signed by Allied wireless inc./Dangarbikes.com. 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 Allied wireless inc./Dangarbikes.com intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Allied wireless inc./Dangarbikes.com 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. Allied wireless inc./Dangarbikes.com 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 Allied wireless inc./Dangarbikes.com ’s successors and assigns. Allied wireless inc./Dangarbikes.com 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 Allied wireless inc./Dangarbikes.com with respect to the Site. Both you and Allied wireless inc./Dangarbikes.com warrant to each other that, in entering this agreement, neither Allied wireless inc./Dangarbikes.com 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 Allied wireless inc./Dangarbikes.com, or Allied wireless inc./Dangarbikes.com’s successors and assigns, will have any right to enforce these Terms.