Terms of Sale
Effective date: October 1st, 2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
TERMS OF SALE
The following terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products and services through the website, www.smartrike.com, and all its subdomains, owned, operated or maintained by smarTrike (collectively the “Website”). These Terms of Sale are subject to change by Smartrike USA, Inc. (referred to as “smarTrike”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the “Effective Date” referenced on this page. You should review these Terms of Sale prior to purchasing any product or services that are available through the Website. Your continued use of the Website after the Effective Date will constitute your acceptance of and agreement to such changes.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. 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 and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
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 (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
We will arrange for the shipment of the products to you. Please check the Shipping Policy for specific delivery options. By purchasing products and services through the Website you also accept and agree to be bound by the terms of the Shipping Policy (as it may be changed from time to time), which will apply to and govern your purchase through the Website. Shipping and handling charges (if applicable) are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
RETURNS AND REFUNDS
smarTrike takes quality seriously when it comes to both its products and its service to customers. If you are not completely satisfied with your purchase, you may return your product in its original packaging in accordance with the terms of the Return Policy. By purchasing products and services through the Website you also accept and agree to be bound by the terms of the Return Policy (as it may be changed from time to time), which will apply to and govern your purchase through the Website. The Return Policy constitutes an integral part of these Terms of Sale and is incorporated herein by reference. For more information, see our full Return Policy.
All purchases through our Website are governed by the warranty set forth in each product’s booklet, which is hereby incorporated into these Terms of Sale. For more information, see our Warranty Information.
The smarTrike Assembly Guide on the Website and any outcome thereof is supplied solely as a service, for information purposes only, and does not contain any advice or recommendation that may be relied upon as the basis for any decision or action. All data and information supplied through the Assembly Guide derive from testing of smarTrike products on specific third-party products. Consequently, smarTrike shall not (unless otherwise explicitly provided for under mandatory legislation) be liable for property damage or personal injury caused by the use of a smarTrike product which deviates from any instruction guide or user manual that accompanies the smarTrike product at purchase thereof. Prior to the use of each smarTrike product, we encourage you to thoroughly read each such instruction guide or user manual.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
APPLICABLE LAW; JURISDICTION
These Terms of Sale and any disputes arising under or related to these Terms of Sale will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles. Any legal actions, suits, or proceedings arising out of these Terms of Sale will be brought exclusively in the New York state or federal courts, as applicable, located in New York City; smarTrike and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Sale. smarTrike and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Sale.