Terms of service

OVERVIEW
This website is operated by reCycleBikes Inc. Throughout the site, the terms “we”, “us” and “our” refer to reCycleBikes Inc. reCycleBikes Inc. 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.


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 (if applicable)
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 Refund Policy: https://recyclebikes.ca/policies/refund-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 details, please review our Refund Policy: https://recyclebikes.ca/policies/refund-policy

SECTION 7 - 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 the 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 8 - 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 9 - 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 to be 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 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://recyclebikes.ca/policies/privacy-policy

SECTION 11 - 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 12 - 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 13 - 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 reCycleBikes Inc., 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless reCycleBikes Inc. 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 15 - 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 16 - 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 17 - 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 governs 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 18 - E-BIKE PRODUCTS, LEGAL COMPLIANCE, SAFETY AND ASSUMPTION OF RISK

18.1 Legal Compliance and Customer Responsibility

Electric bicycles, conversion kits, motors, controllers, batteries and related components sold by reCycleBikes Inc. may be capable of operating at power levels, speeds or configurations that do not meet the legal definition of an electric bicycle, power-assisted bicycle, motor-assisted cycle or similar vehicle in the jurisdiction where the product is purchased, installed or operated.

Laws governing electric bicycles and other motorized vehicles vary between provinces, territories, municipalities and other jurisdictions and may change over time. Applicable requirements may include maximum motor power, maximum assisted speed, throttle operation, vehicle weight or dimensions, braking and equipment requirements, minimum rider age, helmet requirements, licensing, registration, insurance and restrictions concerning where a vehicle may be operated.

Unless expressly stated by reCycleBikes Inc. in writing with reference to a specific jurisdiction and vehicle configuration, the sale, advertisement, recommendation or provision of a product does not constitute a representation, warranty or guarantee that the product, either by itself or when installed on a bicycle or other vehicle, qualifies as a legal electric bicycle or may lawfully be operated on public roads, bicycle lanes, bicycle paths, trails or other public property.

The customer is responsible for determining and complying with the laws, regulations and bylaws applicable to the customer's location, vehicle, configuration and intended use.

18.2 High-Power Motors and Conversion Systems

Certain motors, controllers, batteries and conversion systems sold by reCycleBikes Inc. are capable of producing power, torque or speeds exceeding the limits applicable to electric bicycles in one or more Canadian jurisdictions.

The availability, advertisement, recommendation or sale of such a product does not represent or imply that a resulting vehicle qualifies as an electric bicycle or may lawfully be operated on public roads, bicycle infrastructure, trails or other public property.

Products capable of exceeding electric bicycle limits may have lawful applications, including operation on private property or in other circumstances permitted by applicable law. The customer is solely responsible for determining where and under what conditions a particular product or vehicle may lawfully be operated.

The customer acknowledges that purchasing a motor, controller or system capable of exceeding an applicable electric bicycle power or speed limit does not authorize the customer to operate the resulting vehicle as an electric bicycle where its configuration does not comply with applicable law.

Where a completed vehicle does not qualify as an electric bicycle, additional requirements relating to vehicle classification, licensing, registration, insurance, equipment or operation may apply. Determining and satisfying those requirements is the customer's responsibility.

18.3 Configurable Products

Certain products sold by reCycleBikes Inc. permit adjustment or programming of power, current, speed limits, throttle behaviour, regenerative braking and other operating characteristics.

The customer is responsible for ensuring that all settings and configurations comply with applicable laws and are appropriate for the bicycle, vehicle, components, operating environment and intended use.

Where reCycleBikes Inc. supplies or programs a product with particular limits or settings, subsequent modification, reprogramming or circumvention of those settings by the customer or another person is the responsibility of the person making those changes.

Changing battery voltage, controller settings, current limits, speed limits, wheel-size settings, motor parameters or other performance-related characteristics may affect vehicle performance, reliability, safety and legal classification.

Increasing power, current, speed or other performance parameters may increase loads on the frame, fork, wheels, tires, brakes, drivetrain and other components and may increase stopping distance, component wear, risk of component failure and severity of injury or property damage resulting from a collision or loss of control.

18.4 Bicycle Suitability and Compatibility

Not every bicycle, frame, fork, wheel, braking system, drivetrain or component is suitable for conversion to electric power or for every motor, battery or power level.

The customer is responsible for ensuring that the bicycle and its components are suitable for the conversion being performed unless reCycleBikes Inc. has expressly agreed in writing to perform the relevant compatibility assessment or installation.

The customer acknowledges that conversion to electric power may increase vehicle weight, acceleration, speed and mechanical loading beyond that experienced in the bicycle's original configuration.

18.5 Installation

Products must be installed correctly and in accordance with applicable manufacturer instructions.

Where installation is performed by the customer or another third party, reCycleBikes Inc. is not responsible for damage, malfunction, injury or loss caused by improper installation, adjustment or maintenance, including incorrect wiring, inadequate fastener torque, improperly secured components, incompatible components, inadequate braking equipment or other installation errors not attributable to reCycleBikes Inc.

Customers who are uncertain about installation, compatibility or adjustment should obtain assistance from a qualified bicycle or electric bicycle technician.

Installation Services performed by reCycleBikes Inc. may be subject to additional service terms, inspection requirements and limitations communicated to the customer.

18.6 Modifications

Customers must not modify, disassemble, bypass or defeat battery management systems or other safety-critical electrical components contrary to manufacturer instructions.

Modification, reprogramming, repair or alteration of a product may affect its performance, reliability, safety, warranty coverage and legal classification.

To the maximum extent permitted by applicable law, reCycleBikes Inc. is not responsible for damage, injury or loss caused by modifications, programming, repairs or alterations performed by the customer or another third party.

18.7 Battery Safety

Lithium-ion batteries contain substantial stored energy and may present risks including fire, burns, electrical shock, property damage, serious injury or death if damaged, improperly charged, improperly stored, modified, short-circuited, submerged, exposed to excessive heat or used with incompatible equipment.

Customers must use compatible charging equipment and follow applicable battery and charger manufacturer instructions concerning charging, storage, transportation, inspection and use.

A battery that has been involved in a significant collision or impact, submerged in water, punctured, crushed, swollen, unusually hot, leaking, emitting an unusual odour or otherwise showing signs of damage or abnormal operation must not be charged or used until appropriately assessed.

Batteries must not be connected in series, parallel or other configurations unless expressly designed and approved for such use.

18.8 Inspection and Maintenance

Electric bicycles and converted bicycles require regular inspection and maintenance.

The customer is responsible for maintaining and inspecting the bicycle and electrical system, including brakes, tires, wheels, spokes, steering components, frame, fork, drivetrain, motor mounting hardware, torque arms where applicable, electrical connectors, wiring and battery mounting systems.

A vehicle must not be operated when a safety-critical component is damaged, loose, excessively worn or malfunctioning.

18.9 Assumption of Risk

The customer acknowledges that cycling and the operation of electric bicycles and converted bicycles involve inherent risks, including collisions, falls, loss of traction, loss of control, mechanical failure, electrical failure, environmental hazards and interactions with motor vehicles, pedestrians, cyclists and other road or trail users.

Electric assistance may increase vehicle weight, acceleration and achievable speed. Higher power and speed may increase stopping distances, mechanical loads and the severity of injury or property damage resulting from a collision or loss of control.

The customer voluntarily assumes the ordinary and inherent risks associated with operating the vehicle and is responsible for operating it in a manner appropriate for the vehicle, riding conditions and rider's experience and abilities.

18.10 Accidents and Damage

Following a collision, significant impact, battery impact, water intrusion, electrical fault, overheating event or other event that could affect the integrity of the bicycle or electrical system, the customer should discontinue use until potentially affected components have been appropriately inspected.

Continued operation of a damaged or malfunctioning vehicle or component may increase the risk of injury, fire, property damage or additional component failure.

18.11 No Authorization of Unlawful Use

Nothing stated or provided by reCycleBikes Inc., including product specifications, advertised performance capabilities, technical information, installation instructions, programming information, configuration assistance, customer support or descriptions of potential performance, constitutes authorization, instruction or encouragement to use a product contrary to applicable law.

A product's technical capability must not be interpreted as legal permission to exercise that capability on public roads, bicycle infrastructure, trails or other public property.

18.12 Customer Conduct and Responsibility

To the maximum extent permitted by applicable law, reCycleBikes Inc. is not responsible for injury, death, property damage, fines, penalties, vehicle seizure, licensing or registration consequences, insurance consequences or other losses caused by or arising from:

  • unlawful operation of a product or vehicle;

  • operation in a location where the vehicle or configuration is prohibited;

  • customer-selected power, current, speed or other performance settings;

  • modification or alteration by the customer or another third party;

  • improper installation by the customer or another third party;

  • use of incompatible or unsuitable components;

  • failure to inspect or maintain the vehicle;

  • continued use of damaged or malfunctioning equipment;

  • failure to follow manufacturer instructions or safety warnings; or

  • reckless, negligent or otherwise improper operation by the customer or another person.

Nothing in this Section excludes, restricts or modifies liability or consumer rights that cannot lawfully be excluded, restricted or modified.

18.13 Customer Acknowledgement

By purchasing, installing or using products supplied by reCycleBikes Inc., the customer acknowledges that:

  1. electric bicycle laws vary by jurisdiction;

  2. certain products sold by reCycleBikes Inc. are capable of exceeding legal electric bicycle power or speed limits;

  3. such products may cause a completed vehicle not to qualify as an electric bicycle for public use;

  4. the customer is responsible for determining the laws applicable to their vehicle, configuration, location and intended use;

  5. the customer is responsible for lawful operation and for modifications or configuration changes made after delivery; and

  6. electric bicycle conversion and operation involve mechanical, electrical and riding risks.

Where an acknowledgement checkbox is presented during checkout, completing the purchase after checking the acknowledgement constitutes confirmation that the customer has read, understood and agreed to these Terms.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements under which reCycleBikes Inc. provides products or Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Notwithstanding the foregoing, nothing in these Terms is intended to exclude, restrict or modify the application of any mandatory consumer protection, product safety or other law of a province or territory that applies to a customer or transaction and that cannot lawfully be excluded or varied by agreement.


SECTION 20 - 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 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@recyclebikes.ca.