CONSUMER PURCHASE TERMS AND CONDITIONS
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.
You may purchase a Cargo Bike by ordering online. You may also contact us over the phone or email. This is as opposed to a direct purchase in store of in-stock items, 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 costs for all our Cargo Bikes in the continental United States is FREE.
If you live in a limited access area (an island that requires a ferry, for example) there may be an additional shipping charges. Please contact us directly at firstname.lastname@example.org to get a custom shipping quote.
Alaska: We do ship to Alaska. Please contact us directly at email@example.com to get a custom shipping quote.
Hawaii: We ship to Hawaii. Please contact us directly at firstname.lastname@example.org to get a custom shipping quote.
International Shipping: Please note: Please inquire about international shipping, we may have to apply an additional charge.
International shipments may be subject to customs, taxes and import fees as well as regulatory documents required by your country. These are the total responsibility of the customer, and you should enlist the services of a local customs broker to assist you in importing your bike. In some cases, Ferla Bikes may only be able to deliver to the nearest port, and you will need to arrange pickup or inland delivery from the port yourself.
In-stock items typically ship within two (2) business days* once the order is placed. Delivery times will vary depending on where you live. Fully-Assembled bikes typically ship within (5-10) Business days.
Special circumstances such as high volume, new product releases, or restock days may create longer shipping time. If this is the case, we will clearly state this on the product page and send a follow up reminder via email..
Please view our map for the estimated delivery time frame
Let us do the hard work for you!
With the assembly package, we deal with the headache so you can get back to what you love - your family! With this option, the bike comes to you fully assembled– all you need to do is unpack! This service will cost you an additional $300.
Special circumstances such as promotions, new packing materials, or restock days may create modified pricing. If this is the case, we will clearly state this on the product page and send a follow up reminder via email.
Shipping Time: Please allow 5-10 business days for your bike to ship once you have placed an order. Once shipped, it typically takes 5-10 business days to arrive. You will receive an email confirmation once your bike has been shipped fully assembled.
Note that: Any changes that you make regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay your receipt of the Cargo Bike and replacement items and/or refunds if any issues occur. If you would like to change the color or size of your Cargo Bike, you must do so prior to your order being shipped.
Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of any parcel service.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping. We cannot guarantee that we will receive the item you are attempting to return. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
For any third-party shipping outside of FERLA FAMILY BIKES’s normal shipping process, FERLA FAMILY BIKES cannot provide ANY additional shipping information or documentation.
Orders placed through our online store (www.ferlafamilybikes.com) with the shipping address of an FERLA FAMILY BIKES retail location will be canceled. To purchase Products in-store, please refer to our retail showroom 895 N Todd Ave Azusa, CA 91702.
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 declined payment or it is a fraudulent order request or requires us to return any payment made for the products, for any reason.
Free returns within fourteen (14) days of delivery. To return a cargo bike that is not defective or damaged, you must contact Ferla Bikes within fourteen (14) days of your receipt of the cargo bike. The cargo bike must have less than ten (10) miles on the odometer, be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that you receive it and must include all items that were inside the box (charger, keys, hardware, etc.). You must receive prior authorization and a prepaid return shipping label from Ferla Bikes. Any warranty issues must be resolved prior to processing a return. Returns are not allowed after fourteen (14) days of the delivery date.
Purchased but not shipped:
Subject to a 15% processing fee.
Pre-Orders and Backorders and Pre-Order/Backorder Cancellations:
You may backorder or pre-order products. Our pre-order process is for Cargo Bikes that have already been available but are temporarily out of stock and new products that are not yet released. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship.
Accessory/replacement part orders:
- No returns after 14 days of receiving.
- To be eligible for a return, the item must be unused, free from dirt, dust, or any fragrances, and in the same packaging and condition that you received it.
- Subject to a 25% restocking fee.
- Customers pay shipping both ways.
Used and fully assembled items:
- Used, custom-made, made-to-order, assembled items, and/or on-sale (non-full-priced) items are not refundable.
Cargo Bike Orders:
- No returns after 14 days of receiving.
- To be eligible for a return, the bike must be unused, free from dirt, dust, or any fragrances, and in the same packaging and condition that you received it.
- Box must be sealed and unopened.
- Customer pays the shipping fee.
- Subject to a 25% restocking fee (this is withheld from refund).
The manufacturing process of our products involves a lot of hands-on workmanship. Our warranty covers structural safety of the products, but imperfections due to hands-on processes will always exist. A purchase of our products implies acceptance of such imperfections and it by itself would not justify a refund.
To complete your return, we require a receipt or proof of purchase.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If your refund is approved, your refund will be processed, and you will pay for shipping of the returned item. Credit will automatically be applied to the original method of payment within a certain number of days.
Late or missing refunds (if applicable)
It takes 5-10 business days for your refund to return to your account. If you have not received a refund after the allotted time, contact your credit card company. If you’ve done all of this and have still not received your refund, please contact us directly at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded. Unfortunately, sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. Please contact us directly at firstname.lastname@example.org if you have any concerns.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a store credit for the value of your return. Once the returned item is received, a store credit will be issued to you.
To return your product, ship your return to: 895 N Todd Ave, Azusa, CA 91702, USA
You will be responsible for covering your own shipping costs and for returning your item. Shipping costs are non-refundable.
If you would like a replacement item, you are also responsible for the shipping cost of the replacement item.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance, since there is no guarantee that we will receive your returned item.
ORDERS PLACED VIA AFFIRM ARE NON-REFUNDABLE
- 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.
- 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 TODD AVENUE AZUSA, CA 91702.
- 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
- be a new customer,
- provide the given promo code,
- make a first-time purchase on our website https://ferlafamilybikes.com in an amount greater than the minimum amount specified in the referral offer.
- 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.
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), plus applicable fees and taxes.
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.
- Tax: All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
- Consumer Financing: 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.
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: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) 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 OF WARRANTIES AND DAMAGES
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 DAMAGES AND 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.
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.
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.
You agree to irrevocably submit all disputes related to Terms and Conditions or the relationship established by these Terms and Conditions to the jurisdiction of the California 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.
- We agree to use our best endeavours to negotiate and settle any dispute or difference of opinion between us, arising from or connected with an order amicably.
- Any dispute, which cannot be mutually resolved by the parties, shall be referred to arbitration in accordance with the provisions of the Federal Arbitration Act.
- This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and FERLA FAMILY BIKES, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or FERLA FAMILY BIKES’s marketing or advertising (“Claims”). We agree that arbitration is only required for individual basis and Claims may not be arbitrated on a class or representative basis.
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
- Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org.
- Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
- The Arbitration Tribunal may consist of one (1) arbitrator who shall be elected by the AAA. The arbitration proceedings shall be held either in California or online.
- Each Party shall bear their own cost and expenses in relation to the arbitration proceedings except where an award has been made by the arbitrators for cost to be borne by a particular Party.
- The decision of the arbitrator(s) shall be final and binding on all the Parties and shall only be challenged in a court of competent jurisdiction.
- If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
- You and FERLA FAMILY BIKES agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
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 email 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:
895 N TODD AVENUE AZUSA CA.
Amendment: These 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 these Terms and Conditions or any of their rights or obligations under these 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.
C-O-U-R-T-E-S-Y (It means a lot to us!)
We take pride in being polite, kind, patient, helpful, and understanding, and it is important that our customers return those values to us. We understand that when you call or email customer service when there is a problem with your order or purchase.
We recognise that these possible problems can cause irritation and anger; however, we will not tolerate any insult, rude or vulgar language directed at our employees. If this happens, we will issue a warning and if you continue, we will refuse our service to you, issue refunds, void warranties or cancel orders, and terminate your account, all at our absolute discretion. When such happens, the decision is final and cannot be reconsidered.
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:
Phone: (213) 766-0333