Please read this document carefully. It contains essential information about your rights and obligations, including limitations and exclusions that may apply to you.
1. PRODUCT AND SERVICE DESCRIPTIONS
Our company attempts to provide accurate descriptions and illustrations of our products and services. However, we do not warrant that the descriptions, colors, sizes, details, or other content on our website or other sales materials are accurate, complete, reliable, current, or error-free. In addition, we may substitute components due to availability or other considerations from time to time. Therefore, the product you receive may differ from other products we deliver regarding the same model. Suppose a purchased product deviates from the description offered on this website or from other products supplied by us. In that case, your sole remedy is to return it in unused condition subject to our returns policy and exclude items ineligible for return. Furthermore, colors and other details that you see on your computer may vary from the actual product. Therefore, we cannot guarantee that your computer will accurately display the details of our products and services.
We shall not be liable for any damages or other consequences arising directly or indirectly from any decision, activity, or omission by you based on the information or other content provided on our website or any other platform.
2. PRICING, PRODUCT AVAILABILITY
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on the availability of products or services, you should not rely on such information. We will not be liable for any lack of availability of products or services that you may order through our Website.
All pricing and availability are subject to change at any time and without notice for the products and services available on our Website. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after receiving an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The company may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order if your payment cannot be processed if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, at our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions on revising the order.
3. Order Cancellation
Orders for in-stock products may be canceled prior to shipment, subject to a 10% processing fee. The cancellation processing fee shall be applied to the actual date the product is deemed in stock and not to any estimated date provided by the Company. The product’s estimated date in stock is only an estimate, and you may not be notified as soon as the product is deemed to be in stock. Processing fees are waived for pre-order/post-order products that are not in stock at the time of order cancellation.
4. Order Acceptance and Billing
You agree to accept and pay for the item or items ordered by confirming your purchase at the end of the checkout process.
You must provide truthful and accurate billing information. Providing any untrue or inaccurate information may result in the cancellation of the order. We may also require additional information from you before accepting and processing an order. We reserve the right to refuse or cancel orders for any reason, including limitations on the number of units available for purchase, inaccuracies or errors in product or pricing information, or problems discovered through our efforts to avoid fraud and/or account abuse.
We reserve the right to limit and/or discontinue the availability of any product, service, or other feature described or offered on our site to any person, entity, geographic area, or jurisdiction at any time in our sole discretion, and to limit the quantity and/or cancel orders for any product, service or other feature offered by us.
If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) for the amount charged. We will contact you if all or any part of your order is canceled or if additional information is needed to accept your order. We may require a pre-authorization for specific orders placed online with a credit or debit card. You will not be charged for this pre-authorization; however, your card issuer may withhold this amount for a short period. Your card issuer determines how long a pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Our website is powered by a third-party e-commerce platform, and all your payments are processed through the e-commerce platform’s payment portal. If we accept a pre-order for any product, your account, credit card, or other payment methods will be debited in full immediately upon acceptance of the order, regardless of when the order is expected to ship.
If an order is issued a credit card chargeback in any amount, any warranty for the products associated with that order will be immediately terminated. If any payment is returned unpaid, or if any credit card or similar transaction is declined or refused, Company or its service providers reserve the right to charge any applicable return item, rejection, or other fees permitted by applicable law.
We do not accept returns without prior authorization, so you should contact our company to determine if you are eligible. In addition, the following items cannot be returned under any circumstances.
All returns of approved products must be delivered to the company, freight prepaid. Our company is not responsible for damage or loss of returned products. Therefore, we recommend that you ensure any product is returned and obtain a tracking number for the shipment.
Refunds will be issued after the returned product has been received and inspected by the company. If the returned product is damaged or shows signs of wear and tear, the refund price may be reduced by an amount proportional to the cost of the damaged product, at the company’s sole discretion.
We currently only ship to the 48 contiguous United States. (For clarity, we do not ship to Alaska, Hawaii, Puerto Rico, or other U.S. territories).
Once an order has shipped, we will send a shipping confirmation email to the email address attached to the order.
We will use FedEx or other parcel services to ship your order. We do not ship to P.O. Boxes or APOs.
Orders that include discounted items may take an additional forty-eight (48) hours to process.
For all international orders, you must place your order through our Canadian or European websites, and all such purchases shall be subject to the respective terms of purchase on those websites. It is your responsibility to ensure that you comply with all applicable local/state/federal regulations regarding the importation and use of electric bicycles. Acceptance of orders outside of the United States is at the sole discretion of C3STROM.
Any changes you make regarding shipping after the item has been shipped, including but not limited to changing your address, placing an order on hold, or updating shipping settings/preferences, may delay your receipt of the product and replacement of the product and/or refund. If you wish to change the color or size of your e-bike, you must do so before your order can be shipped.
Please note that we are not responsible for any lost, stolen, or damaged items due to the acts or omissions of FedEx or any other package service.
You will be responsible for paying your own shipping charges for returning the item. Shipping charges are non-refundable. We recommend using a trackable shipping service and purchasing shipping charges. We cannot guarantee that we will receive the item(s) you are attempting to return. For more information about our limited warranty and claims procedures, please review our limited warranty terms, which are incorporated by reference and form part of these terms.
C3STROM cannot provide any additional shipping information or documentation for any third-party shipments outside of C3STROM’s normal shipping procedures.
Orders placed through our online store (www.c3strom.com) that are shipped to a C3STROM retail location will be canceled. To purchase products in-store, please locate a C3STROM retail showroom near you.
6. Taxes and Fees
We charge certain applicable taxes that are due when you place your order. However, you are responsible for paying any additional sales, use, and other taxes, including any applicable customs duties associated with any products or services you purchase from us.
7. Disclaimer of warranties; limitation of liability
Under our limited warranty, we make no representations or warranties of any kind, express, statutory, or implied, regarding our products and services as they are provided “as is.”
You agree that we will not be liable for any damages of any kind arising out of or in connection with the use of our products. This is a comprehensive limitation of liability that applies to all damages of any kind, including, but not limited to, any indirect, special, incidental, punitive, or consequential damages, bodily injury or death, loss of income or profits, loss of or property damage, and claims of third parties. In no event shall our maximum aggregate liability for such shares exceed the amount paid for the product in question.
Where your jurisdiction does not allow limitations on warranties or the exclusion or limitation of certain damages, the previous limitations may not apply to you.
8. Arbitration of Disputes; Waiver of Class Actions
Any dispute, claim, or controversy regarding the products you purchase from us, any dispute relating to these Terms of Sale, or the relationship between the parties, will be resolved exclusively through confidential and binding individual arbitration in California, not in a court of law, and you agree to submit to its jurisdiction and litigation. The Federal Arbitration Act and the Federal Arbitration Act apply to this Agreement. The parties further agree that any dispute as to the scope of these arbitration provisions and any dispute as to whether a claim is subject to arbitration shall be submitted to the arbitrator for decision.
Any arbitration under these Terms of Sale will be conducted individually only; class arbitration, class actions, representative actions, and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury, and you waive any right to participate in a class action against the Company. There is no judge or jury in arbitration, and court review of arbitration awards is limited. However, the arbitrator may award the same damages and relief as a court on an individual basis, including injunctive and declaratory relief or statutory damages, and must comply with these terms of sale as a court would.
The then prevailing Supplemental Rules shall conduct the arbitration under this Agreement for Consumer-Related Disputes of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We each agree to submit any dispute to arbitration only on an individual basis and not on a class, consolidated, representative, or collective action basis. We each waive any right to a jury trial or to participate in a class action against the other if, for any reason, the claim proceeds in court rather than in arbitration.
This section limits certain rights, including the right to maintain court proceedings, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to participate in discovery (except as provided by the rules of the American Arbitration Association), and the right to certain forms of relief and remedies. Other rights that you or the Company have in court may also not be available in arbitration.
9. Contact information
Address: ONE COMMERCE PLAZA
99 WASHINGTON AVE SUITE 805-A
ALBANY, NY 12210822