General Conditions of Sale and Use
Welcome to this website operated by Quantum eBikes.
On this site, the terms “we”, “our” and “our” refer to Quantum eBikes. Quantum eBikes offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing any of the products or services found therein, you agree to our “Service” and agree to be bound by the terms that follow, including the additional terms, conditions and policies to which it is referred to here and / or accessible by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including without limitation, users who browse the site, customers, sellers, merchants, and / or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, you must not access this website or use its services. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and tools that will be added to our store at a later date will also be subject to these General Conditions of Sale and Use. You can view the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to make changes, updates or replace any part of these General Conditions of Sale and Use by posting updates and / or changes on our website. It is your responsibility to regularly check this page to check if any changes have been made. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of the terms and changes.
Our store is hosted on Spotify Inc. This e-commerce platform allows us to sell our products and services to you.
- USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence and that you have given us your consent to allow any person of minor age you are responsible for using this website. Use of our products for any illegal or unauthorized purpose is prohibited and you may not, in the course of using the Service, violate the laws of your jurisdiction (including without limitation the laws relating to copyright). You must not transmit worms, viruses or any other code of an invasive or destructive nature. Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your services.
- GENERAL CONDITIONS
We reserve the right to deny access to the Services to anyone at any time, for any reason. You understand that your content (excluding your credit card information) may be transferred unencrypted and involve; a) transmissions over various networks; and b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or contact on the website, through which the service is provided, without a written permission from us. The headings used in this agreement are included for your convenience and do not limit or affect these Terms.
- ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION
Although Quantum takes all reasonable care to ensure the accuracy of the information on this website, we are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk. This site may contain certain prior information which is not up to date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but have no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our site.
Please also note that all prices displayed are in Canadian dollars and that all charges are processed in Canadian dollars.
- CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the service or any part or content thereof at any time without notice. We are not responsible to you or any third party for any change in content or price, suspension or interruption of service.
More specifically, Quantum reserves the right to: (a) correct any error, inaccuracy or omission at any time, without notice and without incurring any liability to you or any other person; (b) modify, at any time, the products and services advertised or for sale on the website, prices, fees, charges, descriptions of products and services, any promotional offers and any other element of the content of the website without notice and without incurring any liability towards you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason and (d) limit the quantities of products and services available for sale or sold.
- PRODUCTS OR SERVICES
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.
Although we display as clearly as possible the colors and images of our products that appear in our store, however, we cannot guarantee that the color display on your computer screen will be accurate.
We reserve the right to limit sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices of products or services are subject to change at any time without notice. We reserve the right to stop offering a product at any time. Any service or product offer made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information or any other merchandise that you have obtained or purchased will meet your expectations or that any errors in the service will be corrected.
- BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the 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 modify or cancel an order, we will attempt to notify you by contacting you at the email address or telephone number provided at the time of the order. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date so that we can complete your transaction and contact you if necessary. For more details, please see our Return Policy.
- OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions and without any endorsement. We do not assume any liability resulting from or related to the use of these optional third party tools. If you use the optional tools offered on the site, you do so at your discretion and assume the risk. You should therefore consult the conditions under which these tools are offered by the relevant third-party provider. We may also offer new services and / or new features on our site (including new tools and resources). These new features and services will also be subject to these General Conditions of Sale and Use.
- THIRD PARTY LINKS
Certain content, products and services available through our service may include material from third parties.
Links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of such sites and we do not warrant or assume any responsibility for the content, website, product, service or any other material on any third party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with these third party websites. Please read the policies and practices of the relevant third party carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding the products of these third parties should be submitted to these same third parties.
- COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you send us specific content (for example, participation in a competition) or if, without request from us, you send us creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post, or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media the comments you have sent us. We are under no obligation to a) maintain the confidentiality of comments; b) pay compensation to anyone for any comments received; c) respond to comments.
We may monitor, edit, or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or that infringes the intellectual property of these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content and that they will not contain computer viruses or other malicious software that could affect in any way the operation of the service or any other associated website. You may not use a false email address, pretend to be someone that you are not, or try to mislead us and / or a third party as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We are not responsible for any comments posted by you or any third party.
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Despite our vigilance, from time to time information on our site or in the service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information or cancel orders if any information in the service or on any related website is inaccurate at any time and without notice (including after you have placed your order).
We are not responsible for updating, changing or clarifying information in the Service or on any related website, including without limitation, pricing information, except as required by law. No update or refresh date in the Service or on any related website should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
- PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: a) for illegal purposes; b) to induce others to perform or participate in illegal acts; (c) to violate any regional, international, federal, provincial or state regulation, rule, law or ordinance; d) to infringe or violate our intellectual property rights or those of others; (e) to harass, mistreat, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to download or transmit viruses or any other type of malicious code that will or could be used in such a way as to compromise the functionality or operation of the service or any related, independent, website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our service, any other associated website 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.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, prompt, secure or error-free. We do not guarantee that the results that may be obtained from the use of the service are accurate or reliable. You agree that from time to time we may withdraw the service for indefinite periods or cancel the service at any time without notice.
You agree that your use or inability to use the service is at your own risk. The service and all products and services provided to you through the service are (unless expressly stated by us) provided “as is” and “as available” for your use without any representation, warranty or condition, intended or implied, including all implied warranties of merchantability, of merchantable quality, adapted for a particular purpose, durability, title and freedom from infringement.
Under no circumstances will Quantum eBikes, our administrators, leaders, directors, officers, employees, interns, affiliates, agents, contractors, entrepreneurs, suppliers, service providers or licensors be liable for any injury, loss, claim or any other direct, indirect, incidental, punitive, special or other consequential damage of any kind, including without limitation, loss of revenue, profits, savings, data or costs of replacement or any similar damage, whether contractual, based on tort (even negligence), strict liability or otherwise, resulting from your use of any of the services or product purchased using that service or for any other claim related in any way to your use of the service or any product, including without limitation, any error or omission in any content or any loss or damage resulting from the use of the service or any content (or product) posted, transmitted or otherwise made available by this service, even if the user is informed of their possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Quantum eBikes, our parent company, subsidiaries, affiliates, partners, officers, leaders, officers, directors, agents, contractors, entrepreneurs, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, made by any third party as a result of and arising out of your breach of these Terms and Conditions of Sale and Use or the documents to which they refer or your violation of any law or the rights of a third party.
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision will be applied for the part permitted by law while the other part will be dissociated from these General Conditions of sale and use. This dissociation in no way affects the validity and enforceability of all the other provisions hereof.
The obligations and responsibilities undertaken by the parties before the termination date remain in effect after the termination of this agreement for all purposes. These General Conditions of Sale and Use are in effect until terminated by you or us. You can terminate these General Conditions of Sale and Use at any time when you stop using our site or by notifying us that you no longer wish to use our services. If we believe, in our sole discretion, that you are unsuccessful or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may terminate this agreement at any time without notice and you will remain responsible for all amounts owed up to and including the termination date, and / or we may deny you access to our services (or any part thereof).
- ENTIRE AGREEMENT
The fact that we do not exercise or enforce a right or a provision contained in these General Conditions of Sale and Use does not constitute a waiver of this right or of this provision. These Terms and Conditions of Sale and Use or any other operating policies or rules that we post on this site or in connection with the Service constitute the entire understanding and understanding between you and us and govern your use of the service and supersede all communications, proposals and all agreements, prior and contemporary, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use). Any ambiguity in the interpretation of these General Conditions of Sale and Use should not be interpreted against the drafter.
- APPLICABLE LAW
These General Conditions of Sale and Use and any other agreements by which we provide services to you are governed by and interpreted under applicable laws.
- CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
The most recent version of the General Conditions of Sale and Use can be accessed at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to visit our site regularly to check if any changes have been made. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Sale and Use constitutes your acceptance of all Terms and Conditions of Sale and Use, including the most recent changes.
- CONTACT DETAILS
If you would like to send us a question about these Terms and Conditions of Sale and Use, please contact us by email.
Last update: March 8, 2021.