Consumer Purchase Terms and Conditions
Consumer Purchase Terms and Conditions
Ferla Bikes
Last updated: July 28, 2021
These Consumer Purchase Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you and Ferla Bikes (“Ferla Family Bikes”, “us” or “we”). It applies to all consumer purchases by you of any model of Ferla Family Bikes’s electric bikes (“Cargo bike(s)”) and/or related accessories or other products offered by Ferla Family Bikes (collectively with Cargo Bikes, the “Products”) in the United States and Canada only. Purchases outside the United States and in Canada must be made through this
website and are subject to the applicable Terms and Conditions contained on this website. By purchasing any Products from Ferla Family Bikes, or by using the Products you thereby agree to these Terms in their entirety.
You agree that by purchasing any Products from Ferla Family Bikes, or by using the Products, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from making a Purchase or using our website immediately.
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Application
Supplemental terms and conditions or documents such as Shipping Policy, Privacy Policy, and Owner’s Manual, that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will notify you about any changes by updating the “Last updated” date of these Terms and Conditions, and you can waive any right to receive specific notice of such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. By your continued use of the website after the terms are updated, you will be deemed to have given consent to the revised Terms and Conditions.
Online Orders
You may purchase a Cargo Bike by ordering online. You may also contact us over the phone.
This is as opposed to a direct purchase in store of in-stock item, and we would be happy to guide you through the ordering process. Upon purchase, which we shall treat as an offer to buy, Ferla Family Bikes will send you an email confirming our receipt of your order. We accept your order upon shipment of the Cargo 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.
Shipping and Return Policy
Shipping rates vary across jurisdictions. We offer a shipping cost of $300 flat rate in the continental United States. For more information about international shipping, returns, and shipping timeline, kindly visit our page on Shipping & Return Policy.
Ownership
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. Title to all Products ordered by you and risk of loss to such products will transfer to you at the time Ferla Family Bikes delivers such products to the applicable shipping carrier.
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 it is a fraudulent order request or requires us to return any payment made for the products, for any reason.
Orders Placed via Affirm Are Non-Refundable
1. Orders Placed Via Affirm. Orders placed using Affirm as a payment method via our website are final and non-refundable. It must be shipped and cannot be picked up in store;
2. If you would like to pick up a bike from our available store and purchase using financing, you may do so at time of purchase at our shop at the following address: 895 N Todd Ave, Azusa, CA 91702, USA;
3. At our discretion and from time to time, we may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined. We reserve the right to end or pause all such offers, codes, or programs at any time without notice to you.
Brand Ambassador Program Terms/Limitations
To qualify for a Referral Reward or Credit, the referred person must
1. Be a new customer;
2. Provide the given promo code;
3. Make a first-time purchase on our website www.ferlafamilybikes.com in an amount greater than the minimum amount specified in the referral offer;
4. Not use any other active promotion or discount on their purchase.
Referring customers will receive a Referral Reward after a referred person makes a confirmed purchase. We have the sole right to terminate the Brand Ambassador Program if we find out that there is an abuse of this offer or the process. Referral credit for referring customers cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to
modification or termination at any time without notice in our sole discretion. Promos cannot be stacked, used in tandem, etc.
Cargo bike Performance
Please note that information regarding the expected range on a single charge on one of our Cargo Bikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for a Cargo 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. Any alterations, modifications, or other changes made by you to a Cargo bike following your purchase which affect the safety, operation, or mechanics of the Cargo 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 Ferla Family Bikes are processed through Shopify’s payment portal. All prices are in United States Dollars (USD) and are all-inclusive.
We have the right to reach out to customers in case of declined or failed payments to collect the amount. Payment can only be made using an authorized Credit or Debit Card at the time of the transaction on our website. In case of failed payments, we recommend you check your card validity and balance in it or update the card. We take all necessary steps to ensure that any information provided by you for payment will be kept secure.
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. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
For qualified purchasers, Cargo Bikes may be financed through Ferla Family Bikes’ consumer financing partners. The necessary qualifications for financing a Cargo 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 a Cargo bike purchase, and you hereby acknowledge that Ferla Family Bikes is no way responsible for any such financing.
Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR PURCHASE OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH ORDERS. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ZERO (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please review our Safety Video prior to riding.
Disclaimer
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND PRODUCTS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnification
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the Cargo Bikes, whether intended or as a result of misuse.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your purchases; (2) use of the website; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward us. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law
These Terms shall be governed by and defined following the laws of California, United States. We and you irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Dispute Resolution
You agree to irrevocably submit all disputes related to Terms and Conditions or the relationship established by this Terms and Conditions to the jurisdiction of the Californian courts. Ferla Family Bikes shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms and Conditions are entered into in the course of your trade or profession, the state of your principal place of business.
Notice and Updates
Ferla Family Bikes will provide all notices (including legal process) that Ferla Family Bikes 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 Ferla Family Bikes. You acknowledge that if you do not provide Ferla Family Bikes with current and accurate contact information, Ferla Family Bikes may not be able to contact you. You agree to send Ferla Family Bikes notice by mailing it to: Ferla Bikes, 895 N Todd Ave, AZUSA, CA 91702, USA.
Privacy Policy
We care about data privacy and security. By ordering on our website, you agree to be bound by our Privacy Policy posted on our platform. Please be advised this platform is hosted in the United States. If you access this website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in USA, then through your continued use of the platform, you are transferring your data to the United States, and you agree to have your data transferred to and processed in US.
General
Amendment: This Terms and Conditions shall not be deemed to be or construed as having been amended as a result of any oral communication between us or as a result of any practice of the parties, but all amendments to this Terms and Conditions shall be in writing and updated on our website.
Assignment: You cannot assign this Terms and Conditions or any of their rights or obligations under this Terms and Conditions without our written consent.
Waiver: The failure or neglect by us to enforce any of the rights under these Terms and Conditions will not be deemed to be a waiver of our rights.
Force Majeure: We shall not be liable for any failure of or delay in the performance of these Terms and Conditions for the period that such failure or delay is beyond our reasonable control, materially affects the performance of any of our obligations under these Terms and Conditions and could not reasonably have been foreseen or provided against but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
Contact Ferla Family Bikes if you have any questions or comments regarding these Terms, you may contact Ferla Family Bikes by any of the methods available on our website at www.ferlafamilybikes.com.