Welcome to GEN3ride.com (“Website”)! Please take a few minutes to review these Terms of Purchase. These Terms of Purchase (the “Terms”) are a legal agreement between you and GEN3 Mobility LLC (“GEN3”, “us”, or “we”) and apply to all purchases made by you through the Website. By purchasing any e-bike, kick scooter, accessories, parts, or any other product or service offered on the Website (collectively “Products”) from GEN3, you agree to be bound to these Terms in their entirety.
Please read these Terms carefully as they list your rights and obligations, including the requirement that all disputes that you may have under these Terms be taken to arbitration instead of a jury trial or class action.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Statement before placing an order for Products through this Website. Capitalized terms not defined in these Terms have the meaning set forth in the Terms of Use.
By placing an order for Products from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Purchase. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Purchase.
You may not order or obtain Products from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with GEN3, or (c) are prohibited from accessing or using this Website or any of this Website’s contents, goods, or services by applicable law.
THESE TERMS AND CONDITIONS MAY CHANGE
“GEN3” reserves the right to update or modify these Terms at any time without prior notice. All changes are effective immediately when we post them to the Website, and apply to all access to, and use of, the Website thereafter. Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of the changes. For this reason, we recommend that you review these Terms whenever you use our Website and especially before you purchase Products from us.
ORDERS AND ACCEPTANCE
Purchasing a Product on the GEN3ride.com website is an offer to buy that Product. All orders must be accepted by us or we will not be obligated to sell the Product to you. We may choose not to accept orders at our sole discretion, even after we charge your credit card / financing for the purchase and will send you an email confirming our receipt of your order. GEN3’s acceptance of your order is only effective upon shipment of the Product, regardless of when your credit card charge or financing is processed.
GEN3 only accepts orders for Products being shipped to physical locations within the contiguous United States. Orders placed for shipment to locations outside of the contiguous United States, including Alaska, Hawaii, Puerto Rico, and any other US territory or possession, or to any other country, will not be accepted. Additionally, GEN3 does not ship to PO Boxes or APO/FPOs located anywhere – those orders will not be accepted.
In some cases, and based on physical location, assembly of an electric bicycle (“eBike”) may be available for an additional charge. These services are provided by velofix Holdings Ltd. (“velofix”) in Canada, and velofix and Velotooler, LLC (“Velotooler”) in the United States. While placing your order online, you will have the opportunity to verify whether assembly is available in your area, and if so, you will be able to add assembly from one or more of our service providers to your shopping cart and will be charged at one time for the eBike purchase and the assembly charge. After receiving your Product, you will be required to contact velofix / Velotooler to arrange a time for them to come to your location to complete the assembly and provide an overview of the operation of the electric bicycle. If you miss or cancel your appointment, an additional charge of USD $100 will be charged to you. Since the assembly services are handled by Velofix or Velotooler directly, it is wholly responsible for the quality of the work and any issues that arise out of the assembly service.
You are responsible for ensuring that you comply with all applicable local, state/provincial, and federal regulations that may apply concerning the use of Products purchased from GEN3.
Changes cannot be made to any order once the Product has shipped.
For pre-order opportunities available on the Website, GEN3 will charge you at time of order, regardless of when the Product might ship. At the time of shipment, you will be notified by GEN3 and will have the opportunity to cancel your pre-order prior to shipment. Any cancellation of a pre-order will incur a USD $200 cancellation fee.
SHIPMENT OF ORDERS
Products will be shipped via FedEx, UPS, or other freight carriers, to the physical location identified on the internet order. GEN3 is not responsible for any delays in delivery caused by these providers. GEN3 is not responsible for any lost, stolen, or damaged items due to the actions or inaction of FedEx, UPS, or any other parcel carrier. If a Product arrives damaged, you must notify GEN3 Customer Service; either via phone at 1-888-884-GEN3 (4363), by emailing GEN3 Customer Support at support@GEN3ride.com, or by visiting our GEN3 Support Center website at support.GEN3ride.com and submitting a ticket. You should take images of the damage Product and provide these images back to GEN3 with a copy of the shipping documentation, and GEN3 will work with you and the shipping company to get the matter resolved.
Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
OWNERSHIP
- Title to all Products ordered by you, and risk of loss to such Products, will transfer to you at the time GEN3 delivers such Products to the applicable shipping carrier.
- 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. 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 card/financing company declines payment or requires us to return any payment made for the Products, for any reason.
RETURNS
GEN3 offers free returns of new electric bicycles and kick scooters within fifteen (15) days of delivery to the consumer. To be eligible to return of these items within this period, the following conditions apply:
- The Product must have less than 15 miles (24 km) on the odometer, if applicable;
- The Product must be free from wear and tear, scratches, dents, dirt, dust, odor, or any other signs of use;
- The Product must be returned in its entirety, with all parts and accessories included, in its original packaging; and
- Prior authorization and a returned merchandise authorization (RMA) number must be received from GEN3 Customer Service (per the instructions below) prior to shipping back the Product.
For Certified Pre-Owned products, customers may still return the product within fifteen (15) days for credit of the original purchase price, less the original shipping cost of USD $99 plus tax. The customer is also responsible for all costs related to returning the product to GEN3, including any costs for packaging and shipment of the goods. The conditions for return are the same as noted above for new GEN3 Products.
GEN3 offers returns of replacement parts or accessories within thirty (30) days of delivery to the consumer. To be eligible to return parts or accessories within this period, the following conditions apply:
- You are responsible for all shipping charges to return the Product to GEN3;
- The Product must be free from wear and tear, scratches, dents, dirt, dust, odor, or any other signs of use;
- The Product must be returned in its entirety, with all parts and accessories included, in its original packaging;
- Prior authorization and an RMA number must be received from GEN3 Customer Service (per the instructions below) prior to shipping back the Product; and
- All returns of parts and accessories will be charged a 25% restocking fee.
Other return conditions may apply for the GEN3 Concierge Service. Please refer to the GEN3 Concierge Service page on the Website.
REQUESTING A RETURN
To request a return, you must receive an RMA number by contacting GEN3 Customer Service.
- GEN3 Customer Service may request images of the Products and will issue a RMA number and send you a prepaid return label for the logistics carrier that will ship the Product.
- You will then package the Product in its original packaging, attach the prepaid return label, and contact the logistics carrier for pick-up of the Product.
- Credit for the return will only be returned to you once the Product has been received by the GEN3 Repair Center and inspected to ensure that it complies with the conditions of the return policy. If any of those conditions are not met, GEN3 Customer Service will contact you to resolve the issue. GEN3 reserves the right, at all times, to reject the return if these Terms are not met.
Any Products returned to GEN3 without prior written consent of GEN3 will be rejected and you will have to arrange shipment back to you at your cost.
Used Products, batteries, special orders, or sale items are not returnable except in EXTREME cases of breakage/malfunction covered by our limited warranty, and then only after obtaining our approval for the return.
PRICING
Prices posted on this Website may be different from prices offered by us elsewhere. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time-to-time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
PAYMENTS
Our Website is powered by Big Commerce, a third-party service, and all payments made by you to GEN3 are processed through Big Commerce’s payment portal. Payments may be declined or returned to you, in GEN3’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by GEN3, regardless of when your purchase is expected to ship. 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.
- Financing. For qualified purchasers, Products may be financed through third-party consumer financing providers. The necessary qualifications for financing a purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing provider. It is your responsibility to review and understand all terms and conditions associated with financing a purchase, and you hereby acknowledge that GEN3 is not responsible for any such third-party financing.
By submitting payment on the Website, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE ONLY LIABLE TO YOU FOR LOSSES THAT YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND THAT ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES WILL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. 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. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
DISCLAIMER OF IMPLIED WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY GEN3 ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. GEN3 AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, GEN3, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
DISCLAIMER OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GEN3 OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF GEN3, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
ACKNOWLEDGEMENT AND INDEMNIFICATION
You agree and acknowledge that GEN3 cannot oversee and supervise the safety and proper usage of Products that you have purchased, specifically electric bicycles and kick scooters. You agree that GEN3 cannot be held responsible for safe use or other actions by you, the purchaser, and any other persons who may use the Product. You, agree to all the terms that follow:
- You agree and acknowledge that no one should ride an electric bicycle or kick scooter without prior familiarizing themselves with the safe use and operation of the Product and the local, state/provincial, and federal laws that apply to that Product.
- You are aware of and understand the risks, hazards, and dangers of personal injury, property damage, disability, or death inherent in the use, or as a result of misuse, of electric bicycles and kick scooters, especially when sharing the road with other vehicles. You hereby voluntarily assume any and all risks associated with the loss, damage, physical injury, or death that may occur while riding the electric bicycle or kick scooter.
- You agree and acknowledge that no one with a serious medical condition should ride an electric bicycle or kick scooter.
- You agree and acknowledge that no one should ride an electric bicycle or kick scooter under the influence of drugs, including prescription medications, or alcohol, or while otherwise incapacitated or impaired.
- You agree and acknowledge that it is not safe to ride an electric bicycle or kick scooter in hazardous conditions, including uneven or off-road terrain, in the rain, or in the snow, and assume all risks when riding under these or any other unsafe conditions.
- You agree to release, waive, defend, indemnify, and hold GEN3 and its directors, officers, employees, agents, members, partners, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorney’s fees, relating to and arising from a) your purchase or use of any Products, b) any violation by you of these Terms, or c) your violation of any third-party’s rights or applicable law. GEN3 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with GEN3 in asserting any available defenses.
DISPUTE RESOLUTION AND BINDING ARBITRATION
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND GEN3 AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND GEN3 WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- 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 GEN3, 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 GEN3’s marketing or advertising (“Claims”).
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
- GEN3 will pay the arbitration/arbitrator fees.
- Arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”), subject to its Consumer Arbitration Rules, available at www.jamsadr.com
- Discovery will be permitted in arbitration subject to JAMS’s Arbitration Rules & Procedures.
- The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator will be empowered to grant whatever relief would be available in court. Any arbitrator award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Claims may not be arbitrated on a class or representative basis. You and GEN3 agree to arbitration only on an individual basis. Neither you nor GEN3 may join or consolidate claims of others or participate in any claim as a class representative or a class member.
- If any portion of this arbitration agreement is found unenforceable, the unenforceable portion will be severed, and the remaining arbitration terms will be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement between you and GEN3.
- You and GEN3 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.
- This arbitration agreement is governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
NOTICE AND UPDATES
GEN3 will provide all notices (including legal process) that GEN3 is required to give by any lawful method, including by making notice available through the Website or by sending it to any e-mail or mailing address that you provide to GEN3. You acknowledge that if you do not provide GEN3 with current and accurate contact information, GEN3 may not be able to contact you. You agree to send GEN3 notice by mailing it to:
GEN3 Mobility LLC, Legal Department
2606 116th Avenue NE, Suite 200, Bellevue, WA 98004
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the state of Washington, United States of America.
SEVERABILITY
The parties acknowledge and agree that:
- all the provisions of these Terms, including the arbitration agreement, are reasonable in all circumstances and that each provision is and will be deemed to be severable and independent; and
- if all or any part of any provision of these Terms is judged invalid or unenforceable in all the circumstances, it may be construed (or deleted if necessary) so as to be valid and enforceable to the greatest extent possible and does not affect the validity or enforceability of the remaining provisions.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases you make on the Website are intended for final delivery to locations within the United States.
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of GEN3.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Effective Date: October 19, 2021
