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Terms and Conditions

Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This Agreement contains the terms and conditions that apply to your purchase from Stolberg USA, LLC, (dba Ebikes Florida) named on the invoice (“EBIKES FLORIDA”) that will be provided to you (“Customer”) on orders for our products (“Products”) sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH STOLBERG USA, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER EBIKES FLORIDA STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Stolberg’s sole discretion.

Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and EBIKES FLORIDA.

Governing Law

This Agreement and any sales there under shall be governed by the laws of the state of Florida, without regard to conflicts of laws rules.

Payment Terms; Orders; Quotes; Interest
Terms of payment are within EBIKES FLORIDA’s sole discretion, and unless otherwise agreed to by EBIKES FLORIDA, payment must be received by EBIKES FLORIDA prior to EBIKES FLORIDA’s acceptance and delivery of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by EBIKES FLORIDA. Invoices are due and payable at the time of order and the date of the invoice. The STOLBERG/ EBIKES FLORIDA online e-Commerce system will charge a credit card immediately upon completion of an order through our certified secured payment processor company and merchant bank. EBIKES FLORIDA guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request. EBIKES FLORIDA may invoice parts of an order separately. Orders are not binding upon EBIKES FLORIDA until accepted by EBIKES FLORIDA. Any quotations given by EBIKES FLORIDA will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and EBIKES FLORIDA.

Shipping Policies
STOLBERG USA, LLC offers free shipping of your electric bicycle in the continental USA. If you need the eBike shipped outside of the US, please contact us at info@eBikesFlorida.com or call at (786) 350-3397 to confirm shipping costs.
Generally, depending on where we are shipping, it is a 2-3 days shipping. eBikes are normally shipped via FedEx and are generally shipped in 48 to 72 hours after the order is confirmed.
The cost of shipping from and back to us is unfortunately non-refundable. You can contact us before purchasing to make sure the correct items were ordered.

Taxes
EBIKES FLORIDA will not charge or collect sales tax except for transactions within the State of Florida. If the State where the transaction was billed and delivered to, requests that the sales tax needs to be paid, the customer will be responsible for the taxes and penalties (if applies) of that transaction. All requests of sales tax to be paid must be presented in writing by the said State.

Risk of Loss
Loss or damage that occurs during shipping by a carrier selected by EBIKES FLORIDA is EBIKES FLORIDA’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.

Warranties
All warranties will be filled according to the manufacturer’s guidelines.
– ProdecoTech – 2 years;
– Magnum electric bikes – 1 year;
– SUN Bicycles – 1 year;
– Retrospec bicycles – 1 year;
– Golden Motor Conversion Kits – 6 months
WARRANTY does not cover: Abuse from OFF Road Riding, Jumps (even curb damage), Neglect, Crash Damage, Theft, use of the Motor or Controller in an inappropriate application, or improper installation.
ELECTRIC BIKES:
1) ALWAYS pedal eBikes up hills at 3/4 power max to reduce motor heat. Your motor will last longer.
2) Pedal Non-Pedal Assist eBikes approximately 2 MPH before energizing the throttle to reduce stress to Motor, Controller & Spokes.
WARNING: eBikes and Conversion Models above 750W or 20MPH are designated for OFF ROAD ONLY. Ensure you follow all local laws and ordinances.
EBIKES FLORIDA will not be held responsible for those who choose to disregard the law!
IMPORTANT: EBIKES FLORIDA will not be liable for any damage or injury that may occur due to operation of our kits or bicycles. We will not be responsible for Battery Damage due to Inadequate Installation or Improper Charging. Make sure the Bike Switch &/or Key is off before charging. Do not turn on the Bike Switch &/or Key during charging.
EBIKES FLORIDA reserves the right to modify its warranty at any time, in its sole discretion.

Return Policy
STOLBERG USA, LLC allows you to return your purchased item for a period of 30 days from the date of your purchase. If you do not like it, you can return it to EBIKES FLORIDA in the same boxes and packing material it came with along with all the paperwork. In order to process a return, you must email at info@ebikesflorida.com or call us at: 786-350-3397. You are solely responsible for returning the item in its original packaging to STOLBERG USA, LLC to our store location. You are solely responsible for any and all shipping and handling charges and you will be charged a 20% restocking fee upon STOLBERG USA, LLC receipt of the item. EXCHANGES may be exempt from the restocking fee depending on situation. STOLBERG USA, LLC will not issue a credit until it is in possession of the returned item.
Once we receive the product back, we will inspect the product for any damage. If there is no damage, we will refund your credit card (minus the 20% and the shipping cost).
Refunds will be issued in about 2-3 weeks. Most refunds are fully refunded in 3-5 days after they receive and process your return. Always notify info@ebikesflorida.com before returning any item. Please package your return item properly. Even if you insure your shipment, a Shipping Agency may refuse to pay for any damages if the shipment was not properly packaged according to their standard.
IMPORTANT NOTE ON RECEIVING YOUR SHIPMENT
When your shipment arrives, please check carefully your shipment for any visible damage before signing the delivery. Any visible damage should be reported in the couriers’ log. By ordering any item from EBIKES FLORIDA, you indicate that you have read and understood the information above. This is a release of liability. You understand and agree with the terms above, and the assumption of risk.

Exchanges
From time to time, EBIKES FLORIDA may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with EBIKES FLORIDA’s exchange policies in effect on the date of the exchange.

Products and Components
EBIKES FLORIDA’s policy is one of ongoing product update and revision. EBIKES FLORIDA may revise and discontinue products at any time. EBIKES FLORIDA will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, website, manual or catalogue are possible during a model year. EBIKES FLORIDA reserves all rights to modify and upgrade components during a model year. All parts are factory new and unused unless otherwise described or ordered by the Customer. All Products are being factory floor tested before final packaging causing slight abrasions on tires or other wear parts. These are merely a sign of quality control testing.

Limitations of Liability
EBIKES FLORIDA does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, or the provision of services and support EBIKES FLORIDA will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services and support customer receives under this agreement. Customer agrees that for any liability related to the purchase of products or services bundled with the products, EBIKES FLORIDA is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this agreement, EBIKES FLORIDA is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of services under this agreement.

Service and Support
EBIKES FLORIDA will provide general telephone service and support to Customers in the United States in accordance with the then-current service and support policies and conditions in effect. However, EBIKES FLORIDA’s support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by EBIKES FLORIDA. EBIKES FLORIDA has no obligation to provide service or support until EBIKES FLORIDA has received full payment for the Product or services and support that Customer purchased.

Dispute Resolution
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against EBIKES FLORIDA, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “EBIKES FLORIDA”) arising out of or relating to this Agreement, EBIKES FLORIDA’s advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. EBIKES FLORIDA will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Jacksonville, Florida and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in St. Johns County, Florida would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
For more information about STOLBERG USA, LLC/EBIKES FLORIDA please contact us at 1-786-350-3397 or send us an e-mail at info@ebikesflorida.com