Terms of Service
OVERVIEW
This website is operated by eee eTrikes Canada. Throughout the site, the terms “we”, “us” and “our” refer to eee eTrikes Canada. eee eTrikes Canada offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - DISCLAIMER
It is the customers responsibility to ensure the correct item(s) have been purchased and is used in the way intended. This covers all goods sold from our company. The Companies liability will be limited to the value of the goods only and not for any consequential damages, injuries or losses howsoever caused.
It is the customers responsibility to check the safety of the product purchased before use and eee eTrikes Canada shall not be liable for any damage or injury caused to the customer by the use of any of the goods we sell.
We recommend to have the tricycle professionally built or if it does come assembled please make sure before the first ride to carefully read the information in the cycle maintenance section.
Build and user instructions provided in the boxes are to cover all models, please only use as a guide only.
By purchasing our products you have read and agreed to the disclaimer, warranty and terms and conditions set out.
All ex-display tricycles are excluded from any sales discounts or promotions.
SECTION 8 - WARRANTY TERMS
eee eTrikes Canada products carry a 12 month warranty against manufacturing defects and faults for residential use and a 3 month warranty for commercial use. Under this warranty we are not responsible for any losses to you or any 3rd party resulting from the malfunction of the product, and we are not responsible for any accidental damage to the product. Your statutory rights as a consumer are unaffected.
This warranty is limited to the original purchaser only and covers the original component parts of each new eee eTrikes Canada eTrike for defects in material and workmanship only.
The warranty does not cover incorrect assembly or damages caused by misuse.
It is the owner’s responsibility to inspect their electric tricycle before every ride.
This warranty applies only to eTrikes purchased new from the official eee eTrikes Canada website and where the assembly has been completed in compliance with our supplied instructions.
Unless otherwise provided, the sole remedy for a eee eTrikes Canada warranty claim is limited to the replacement of the defective parts with those of equal or greater value at the sole discretion of eee eTrikes Canada.
In no event shall eee eTrikes Canada be responsible for any direct, incidental or consequential damages, including, without limitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence, product liability, or any other theory whatsoever.
Demonstration and Showroom floor models - unless otherwise stated, no warranty is offered on any ex-demo or showroom purchases. Demo and showroom models are sold as is and cannot be returned or exchanged. They may have minor cosmetic damage and components/accessories may differ from retail versions shown on the website.
Exclusions
The above warranty, or any implied warranty, does not cover:
- Purchases made using Affirm for monthly payments are not eligible for return.
- Normal wear and tear on parts such as tires, tubes, chains, brakes, nuts and bolts, bearings, cables and gears in situations where there are no assembly or material defects.
- Incorrect assembly
- Modifications to the original design.
- Use of the eee eTrikes Canada for abnormal, competition and/or unapproved commercial activities, or for purposes other than those for which the eee eTrikes Canada was designed.
- Damage caused by failing to follow the assembly or owners manual.
- Damage or failure due to accident, misuse, abuse, or neglect
- Paint finish and decal damage resulting from taking part in competitions, jumping, downhill and/or training for such activities or events or as a result of exposing the eTrike to, or riding the eTrike in, severe conditions or climates.
- Installation of components, parts, or accessories not originally intended for or compatible with the e-tricycle.
- Labour charges for parts replacement or changeover.
- Shipping costs to and from an Authorized eee eTrikes Canada dealer.
- Except as is provided by this warranty and subject to all additional warranties, eee eTrikes Canada and its employees and appointed agents shall not be liable for any loss or damage whatsoever (including incidental and consequential loss or damage caused by negligence or default) arising from or concerning any eee eTrikes Canada eTrike.
- eee eTrikes Canada makes no other warranties, express or implied. All implied warranties, including the warranties of merchantability and fitness for a particular purpose are limited in duration to that of the express warranties stated above.
- Any claim against this warranty must be made through an authorized eee eTrikes Canada dealer or distributor. The purchase receipt or other proof of the date of purchase is required before a warranty claim may be processed.
- This warranty gives you specific legal rights, and you may also have other rights which may vary from province to province. This warranty statement does not affect your statutory rights.
- Corrosion or wear from improper maintenance.
- Cosmetic scratches or non-structural blemishes.
- This Warranty applies only to the original owner and does not transfer to subsequent owners.
We reserve the right to determine what damage is due to defective materials and what is due to product abuse or misuse. Extended Warranty will run from the midnight from the final day of the current warranty. Full warranty terms remain.(see above). Warranties are not transferable.
SECTION 9 - FAULTS
Proof of purchase must be provided. All faults must be reported immediately after noticing the fault in writing to contact@etrikescanada.com and photographs or professional reports provided .
eee eTrikes Canada will not be held responsible for any repair work carried out by the customer or any third party. If the problem is found to be due to neglect/abuse/accident or not covered under the warranty then the cost of replacement parts and repair will be the customers responsibility.
eee eTrikes Canada will not be held liable for any injury or damages occurred While using any products purchased.
SECTION 10 - DELIVERY
Starting from $350 flat rate standard ground delivery on all Canadian tricycle orders only (Shipping rates differ based on destination province. At this time we are unable to ship to Nunavit or Newfoundland/Labrador), this delivery fee is subject to change without notice. We may not be able to deliver to all locations, especially remote and rural areas. Shipping to remote areas may incur additional shipping charges.
If the delivery is refused at the delivery address the re-delivery of the item will be the buyers responsibility. Any charges from a change of delivery address once the item has been posted are the buyers responsibility.
The buyer is responsible for any additional customs, delivery or port charges that may occur. eee eTrikes Canada will not be liable for any additional charges or times delays on postage or delivery.
We try dispatch all our items within 2-3 working days of the order being placed on in stock, partially-assembled tricycles or accessory orders, these times may vary in busy periods. Although we strive to send all orders out within this time, delays can occur. eee eTrikes Canada cannot be held responsible for any delays.
We currently only offer delivery within Canada only excluding Nunavut, Newfoundland and Labrador, PEI, Northwest Territories and Nunavit. Delays may also occur due to customs clearance or port delays. Our delivery providers strive to deliver on the date specified however there are occasions where this is not possible due unforeseen circumstances. They will aim to deliver the next working day if this is the case.
Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if the delivery is delayed. eee eTrikes Canada cannot give an exact time of delivery. Where the courier is unable to deliver the Goods, they will either, attempt to re-deliver the following day or leave a card for you to re-arrange a suitable time for re-delivery.
We do not accept liability for any delay in the delivery of the Goods, failure to deliver the Goods where the delay or failure is caused either by an event outside our control, or the customer’s failure to provide us with adequate delivery instructions, or any other instructions that are relevant to the supply of the Goods.
Built Tricycles are shipped requiring a 6mm allen key as the handle bars will require an adjustment to position into the correct height to suit the rider. Built tricycles gears and brakes will require checking before use in case they are loosened during transit. It is the customers responsibility to ensure brakes and gears are working correctly and adjusted accordingly.
Ex-display models, (un-assembled or assembled) are sold on the acceptance that there maybe damage to the body or paintwork. Assembled models will require brakes, derailleur, gears, tires to be checked and adjusted before use. The buyer of an ex-display model is responsible for any alterations that is required to the brakes, derailleur, gears, tires.
We do not accept liability for the costs of returns, if the information questioned is noted in the adverts or listings. It is the buyer’s responsibility to ensure they are purchasing the correct tricycle or accessory.
All our trikes are packaged and delivered with the utmost care, but we cannot guarantee they will be blemish free, or that parts may need aligning back into position due to transport.
Tricycles are sold as fully assembled unless agreed prior with the customer and will arrive assembled. We recommend professional build and correct tools. eee eTrikes Canada will not be held liable for any shipping damage or build issues and it is the customers responsibility to always carry out a pre-ride check before any ride.
The buyer would be responsible for postage costs to return the item in the case of a change of mind. Maintenance will be the sole responsibility of the buyer. On delivery, gears can get slightly knocked out of alignment, please adjust the adjuster screws slightly or if mudguards out, please gently move back into position.
Restocking Fee: If you cancel your order after it is assembled and packed but before it ships you will be charged a 5% re-stocking fee. Orders returned after delivery within the 14 day period will be charged a 5% re-stocking fee.
SECTION 11 - TAXES AND IMPORT COSTS
Taxes and import duty charges incurred are the buyers responsibility. Please check with local customs office to clarify charge amounts.
SECTION 12 - BEFORE USE AND MAINTENANCE
Before your first trike ride,
- Please ensure the bike is correctly assembled. If you are not sure take it to your local bike shop
- Check handlebars, wheels, pedals and the saddle are all secure.
- Check the gears and brakes operate correctly and that you are comfortable with how they operate.
- Check the tires are inflated correctly.
- Ensure no nuts and bolts have become loose or dropped off.
- Adjust the handlebars and seat to the correct height to suit the rider.
- We advise that all products are ridden with adequate safety clothing i.e.; helmets etc.
- If the mudguards seem to be misshapen, please gently adjust back into position.
Any adaptations made to a tricycle on a buyers request will alter the terms of the original listing. The adaptation may alter the tricycles original functions.
SECTION 13 - BATTERY CARE
- Owners Manual – Read and follow the owners manual and warning stickers supplied with your bike. If you have any questions, call your e-trike dealer or the e-trike company directly and ask.
- The Charger – Only use the charger supplied with your electric trike. Using a different charger can be very dangerous; possibly resulting in fire and/or explosion. Ensure you only use the charger that came with your e-trike.
- Fully Charge The Battery – When you get a new e-trike make sure you fully charge the battery per the instructions provided with your e-trike before you ride the trike.
- Avoid Extreme Temperatures – Very hot or cold temperatures can negatively affect the the performance of the battery and shorten its expected life. Avoid storing and charging you battery in a garage or shed that could be subject to really hot or cold temperatures. Instead, charge and store your battery in a moderate temperature area.
- Recommended Storage Temperatures: 0C to 25C. Avoid exposing the battery to extreme heat, above 40C and hotter, or extreme cold, below -5C and colder for extended periods of time.
- Storing a Lithium Battery – If you will not be riding your electric trike for an extended period of time it is a good idea to store your lithium battery with a full charge. At the 3 month point, check the state of charge and recharge to top it off if necessary.
- Charging Location – When charging your e-trike battery, do so in a clear and safe location that is dry, not exposed to direct sunlight, moisture or extreme temperature fluctuations, and where a hot battery or hot charger (in case of a malfunction) will not cause a damaging fire.
- Avoid Humidity – Store your trike, battery and charger in a location that is cool and dry. Water and humidity are not good for any electrical device
- Cleaning - You should also clean your battery (and e-trike in general) after getting it dirty, or wet. Most decent batteries will be waterproof to some degree, so that they won’t die during a quick downpour. Your e-trike will function best when it is kept clean and dry.
SECTION 14 - RETURNS POLICY & DEPOSITS
eee eTrikes Canada offers a 14 day money back guarantee on all purchases except ex-demo or showroom models provided the trike is with its original shipping carton, is in pristine new condition and has less than 5km on the odometer. The buyer is responsible for arranging and return shipping and postage costs and the product must be returned in an unused, re-saleable condition, in its original packaging and must include any extras. Items with clear signs of damages or wear and tear will be refused.
We cannot accept returns without the original shipping carton.
Delivery costs may be deducted from the refund amount unless pre-paid by the buyer. If you pay by credit card and cancel your order before it is shipped, you will be refunded the purchase amount less credit card fees.
If the item was modified or altered by the customer, eee eTrikes Canada cannot accept it as a return. This does not affect your statutory rights. Refunds are at the sole discretion of eee eTrikes Canada and will be based on inspection of returned goods before any amounts will be determined.
All returns send to – eee eTrikes Canada, 196 Spokane Street, Kimberley BC V1A 2E4. Before returning your trike you must have a Return Number issued by eTrikes Canada.
For any queries and complaints please email contact@etrikescanada.com and one of our team will contact you back within 24-48 hours.
You should expect to receive your refund within 4-6 weeks of eee eTrikes Canada receiving your packages for eligibility evaluation..
It is the buyers responsibility to ensure the tricycle is the correct size or that they have taken a test ride before any purchase.
Refunds for deposits paid on orders will offered solely at the discretion of eee eTrikes Canada and will include a processing fee of $100
SECTION 15 - DAMAGED OR FAULTY GOODS
Please check the tricycle/parts carefully before your first ride as we cannot refund or replace on scratches, breakages, wiring, part damage, truing, punctures, missing or loose bolts once you have started riding.
Please check the items carefully and report any damages/fault and include a damage description, any comments made to the driver and photographs.
If the buyer signs for the item as arriving in good condition we cannot accept a damage in transit claim.
Customer satisfaction is our number one priority. If you receive your goods and they are damaged or faulty in any way, you must notify us immediately. Do not start riding your trike as we cannot accept returns once this has taken place. We could only offer advice and parts under the warranty.
eee eTrikes Canada will run an inspection report on the items return to diagnose fault/damage.
Current consumer protection legislation states that items must be as described, fit for purpose and of satisfactory quality. If you purchase a product online which is found to be faulty within 30 days then you are entitled to request a full refund of the faulty product as long as the product has not been modified by a third party.
Should a fault occur after the initial 30 days, we are entitled to repair and/or replace that item (see 1 year parts warranty). If it cannot be repaired or replaced, then you may be entitled to a refund.
If a return is requested due to a fault or damage not caused by the customer, the item must be returned in the original packaging with any extras.
Any damages which have not been prior notified, proof of build or damage which has been caused in the return transit due to poor packaging will be deducted from the refund. It is the buyers responsibility to ensure safe return of any items.
If the tricycle or any accessories are returned damaged or a fault has been caused by the customer due to deliberate damage, accidental damage, wear and tear, or damaged in an attempted build or modification, an eee eTrikes Canada technician will write a report and include the costs of the repair or replacement. This will then be deducted from the refund along with any returns postage costs (where applicable) or the return/refund may be refused and it will be the buyers responsibility to re-collect the item from eee eTrikes Canada depot.
Please use the original packaging when sending your items back and make sure it’s securely packaged, eee eTrikes Canada cannot be held responsible for any damage during return posting.
eee eTrikes Canada will only cover returns costs for un-built items in original boxes only and are not liable for any build or un-build costs. If an item found not to be faulty the postage/restock will be deducted.
If the item is not in re-saleable condition the return can be refused and it will be the buyers responsibility to collect the item.
We will not accept rust/weather damage as a fault and it will not be covered in the warranty. Its is the buyers responsibility to ensure the tricycles care and maintenance. Please refer to our cycle maintenance page for tips and advice.
It is the buyers responsibility to ensure items are safely returned. If there is no packaging causing items to protrude from the box, delivery can be refused.
SECTION 16 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 17 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 18 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 19 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 20 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall eee eTrikes Canada, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 23 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless eee eTrikes Canada and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 24 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 25 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 26 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 27- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia Canada.
SECTION 28 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 29 - COUNTRY OF MANUFACTURE
Tricycle parts – made in Asia/Accessories – made in Canada and USA
SECTION 30 - PAYMENT METHODS
We accept all major credit and debit cards, paypal and bank transfer options are also available.
SECTION 31 - CONTACT INFORMATION
eee eTrikes Canada
PO Box 12
Kimberley, BC V1A 2Y5
Canada
E: contact@etrikescanada.com
W: www.etrikescanada.com