Terms of Sale
TERMS AND CONDITIONS OF SALES
- ACCEPTANCE; ENTIRE AGREEMENT: These Terms and Conditions of Sale (“T&C”) govern any and all sales by Leitmotif Services LLC (the operator of escootersstores.com, hereinafter referred to as “Seller”) of any scooter (including any part or component thereto), accessory or other product or equipment (collectively, “Product”), whether or not such Product was manufactured by Seller. These T&C form part of the purchase order (the “Order”) submitted by Buyer, including any purchase consummated on escootersstores.com. Seller will deliver the Product in accordance with these T&C; and Buyer’s purchase and acceptance of the Product is strictly conditioned upon and subject to these T&C. Any new, different, additional or other terms and conditions in Buyer's purchase order, proposal, payment enclosure, acknowledgement or any other writing (as applicable) are hereby rejected and are null and void. No changes, additions, or modifications of any of the provisions herein will be of any force or effect unless made in writing and executed by Seller. The Order, including these T&C, comprises the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties and communications, both written and oral. Fulfillment of Buyer's Order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these T&C. By issuing an Order for any Product, Buyer certifies that Buyer is authorized to enter into the Order and agrees to all of the terms contained herein.
- CHANGES– Once an Order is placed with Seller, Buyer will not have the right to cancel or make changes to the Order unless specifically agreed to by Seller in writing and except as is set forth in Section 9. If such changes agreed to by Seller cause an increase in Seller's costs or time of performance of the Order, Seller will notify Buyer and the price will be adjusted to account for such increases. For the avoidance of doubt, cancellations of Orders prior to Seller having started the fulfillment process shall be free of charge to Buyer and a Seller shall provide a full refund to Buyer.
- PRICE; TAXES – Buyerwill pay the price for the Product as indicated in the Order at the time of checkout, including any applicable federal, state, or local taxes.
- PAYMENT TERMS; INVOICES–Seller will not ship the Product until it has received full payment from Buyer, unless otherwise agreed by Seller in writing. Seller will send receipt of purchase to Buyer after Buyer has submitted payment in the check-out process, as well as when the Product shipped to Buyer. All prices and specifications on escootersstores.com are subject to change without notice. In the event that Seller has mistakenly listed an incorrect price, Seller reserves the right to refuse or cancel any such Orders for Products listed at the incorrect price, for Orders in which the total has been calculated incorrectly, or for Orders which Seller is otherwise unable to fulfill. Seller reserves the right to refuse or cancel any Orders whether or not the Order has been confirmed and Buyer’s Payment Method (as defined below) has been charged. If Buyer’s Payment Method has already been charged for the purchase and Buyer’s Order is cancelled, Seller shall issue a credit to Buyer’s Payment Method in the same amount as that which was charged to Buyer’s Payment Method. SELLER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THIS SITE OR BY E-MAIL DELIVERY TO BUYER. Buyer acknowledges and agrees that, except as set forth in Section 9, all sales are final.
- PAYMENT METHOD AND COLLECTIONS– Buyer will be required to provide Seller with a valid credit card, debit card, or other electronic payment account (“Payment Method”) in order to purchase Products from Seller. Acceptable Payment Methods shall be indicated during the checkout process when Buyer places the Order. When Buyer provides the Payment Method, Buyer will be asked to provide customary billing information, such as Buyer’s email, billing and mailing address, credit or debit card numbers and expiration dates. Buyer must provide accurate, current, and complete information when providing a Payment Method and it is Buyer’s obligation to keep the Payment Method up-to-date at all times so that Seller can complete all transactions and contact Buyer as needed. Buyer agrees to pay for all purchased Products, and further agrees that Seller may charge the Payment Method provided by Buyer for any applicable sales, use, or other taxes or local government charges, as well as all other applicable fees and charges. Seller may also, at Seller’s sole discretion, place an authorization hold on Buyer’s Payment Method to cover any fees, damages, or other such amounts that may arise. Buyer further agrees to pay any and all costs of collection including attorney’s fees and costs, court costs, arbitration costs, service of process costs, interest and all other costs incurred as enforcement of judgment expenses, together with any and all costs and fees associated with reclaiming Products, if applicable. Buyer represents and warrants to Seller that Buyer is authorized to use any Payment Method furnished to Seller. If Buyer disputes any charge made to the Payment Method, Buyer must contact Seller within 10 business days from the end of the month within which the disputed charge occurred and provide to Seller all information that is necessary to identify the disputed charge, such as the date of the charge, and the amount and Product associated with the disputed charge. Buyer acknowledges that Seller may accept payment by credit card, debit card, PayPal, ShopPay, GooglePay, Apple Pay and others as an accommodation to Buyer; but further understands that Seller shall take all appropriate legal action in the event payment is withheld due to any Payment Method irregularities or chargebacks. Buyer agrees and acknowledges that Seller reserves the right to determine and change the eligible Payment Methods at any time and that acceptable Payment Methods shall be indicated during the checkout process when Buyer places the Order. Buyer agrees, understands, and acknowledges that Seller may engage third party payment processors or gateway service providers to facilitate processing of payments. Accordingly, Buyer may be required to follow any terms and conditions of such third-party payment processors or gateway service providers, as communicated to Buyer, from time to time.
- DELIVERY– Seller shall make commercially reasonable efforts to assist Buyer with any problems related to the delivery of the Products and to report any delays in shipment to Buyer; but Buyer understands and acknowledges that delivery dates are estimated, and Seller will not be liable for any damages or other claims resulting from delays in shipment or delivery. In the unlikely case a Product arrives with shipping damage or a defective part, Seller has policies in place to make sure Buyer is covered. If necessary, replacement parts are shipped to Buyer. Cosmetic damage including small rubs, scratches, blemishes, oxidation, or wear marks can occasionally occur during shipping. Buyer agrees to accept all Products with such cosmetic damage “as is”; and Seller’s technical support will assist Buyer in addressing cosmetic damage by touch up or, as appropriate, replacement parts. Buyer may choose to return Products delivered with shipping damage or defective part(s) per the Return and Exchanges policy, set forth in Section 9, however certain fees may apply.
- DUTY OF INSPECTION AND REJECTION RIGHT – Buyer must thoroughly inspect the shipment within five (5) days of delivery. If obvious shipping damage exists on delivery, Buyer shall ensure that the carrier notes the damage before departing. If Buyer receives a Product with shipping damage or a defective part (in each case, other than cosmetic damage as noted above), Buyer must file a claim with email@example.com within five (5) days of delivery. All claims for shipping damage or a defective part that are made after five (5) days will not be considered shipping damage and must be resolved per Seller’s Limited Warranty in accordance with Section 10.
- TITLE - Title to the Products will pass to Buyer upon delivery. Risk of damage or loss to the Product during transit is the responsibility of Buyer. Seller represents and warrants that it shall convey good and marketable title to the Product, including any drawings, specifications and manuals which may be sent to Buyer as part of the Order.
- RETURN AND EXCHANGES POLICY– Seller will accept returns of unused Products within fifteen (15) days after delivery to Buyer. The Product must be unused, and in its original packaging and condition. Prior to returning the Product, Buyer must contact Seller at firstname.lastname@example.org to obtain a Return Authorization. A refund will be promptly processed to Buyer’s original Payment Method, usually within three to five (3-5) business days after Seller has received the returned Product. Buyer is responsible for any and all shipping costs associated with the return shipment of the Product. Upon request, Seller will provide Buyer with a return shipping label, the cost of which will be deducted from Buyer’s refund. Shipping charges vary depending on the Product model, size, and weight, as well as the Buyer’s location. Seller will not accept returns of used Products. Notwithstanding the above, Seller reserves the right, in its sole discretion, to accept returns of a Product if the Product is lightly used but in excellent condition, which condition determination is in Seller’s sole discretion. If such return is accepted, Buyer will be responsible for a twenty percent (20%) restocking fee. If Buyer would like to exchange the purchased Product for a different model, Buyer may contact Seller to submit such exchange request at email@example.com. Although not guaranteed, Seller may, in its sole discretion, accept an exchange request, and in such instances, Buyer accepts responsibility for all associated return shipping and restocking fees.
10.1 Limited Warranty. All of the Products sold by Seller come with a 12-month Limited Warranty (the “Limited Warranty”) against manufacturing defects. “Manufacturing Defects” means defects in materials and workmanship under normal use. This Limited Warranty is only available to the original purchaser and does not cover recertified Products or Products that have been altered, modified or repaired by the Buyer (other than when repaired by the Buyer with Seller’s replacement parts and instructions, as described below). This Limited Warranty starts on the date the Order is delivered and expires 12 months thereafter (the “Limited Warranty Period”). The Limited Warranty Period is not extended if the Product is repaired or replaced. Seller reserves the right to change the scope, availability or length of this Limited Warranty at its discretion; however, any changes will not be retroactive and will apply to purchases made after the effective date of such change. This Limited Warranty is only available with respect to the original purchase and the original purchaser and may not be transferred or assigned to any other person, or applied to any other Product.
10.2 Limited Warranty Remedy. During the Limited Warranty Period and subject to the Limited Warranty Exclusions below, Seller will repair (or facilitate the self-repair of) all Products with a Manufacturing Defect (as defined below) and will provide any necessary replacement parts at Seller’s own cost and expense, including the cost of shipping replacement parts to Buyer for Buyer’s self-repair of the Product. Buyer acknowledges and agrees that, for certain repairs, Buyer may choose to perform the self-repair at home with replacement parts shipped by Seller at Seller’s cost and expense. However, if Seller determines that a self-repair is inappropriate, or that such repairs otherwise should not or cannot be made by Buyer at home, or if Buyer is uncomfortable performing the self-repair at home, then Seller shall repair the Products at its own service centers, or refer Buyer to one of Seller’s service partners to make the repair. If a Manufacturing Defect requiring the Product be sent to a service center for repair is identified within the first thirty (30) days of the Limited Warranty Period (i.e. within the first thirty (30) days after the Product is delivered to Buyer), then Seller will cover the shipping costs associated with sending the Product to a service center for repair. Outside of that first thirty (30) day window, Buyer is responsible for the shipping costs associated with any time the Product is sent to a service center for repair, including during the remainder of the Limited Warranty Period and thereafter. ANY SELF-REPAIRS MADE BY BUYER ARE MADE AT BUYER’S OWN RISK. NEITHER SELLER NOR ANY OF SELLER’S AFFILIATES OR VENDORS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER TO INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY THAT ARISE OUT OF A BUYER’S SELF-REPAIR. Seller further reserves the right, in its discretion, to replace any Product with Manufacturing Defects if Buyer notifies Seller of such Manufacturing Defects within the first thirty (30) days of the Limited Warranty Period (i.e. within the first thirty (30) days after the Product is delivered to Buyer). If Seller chooses to replace the defective Product, the replacement Product shall be of the same make and model as the original Product ordered. If a Product does not work or is “dead” upon delivery, Buyer may, within thirty (30) days of delivery, exchange the Product free of charge for a Product of the same make and model, with all shipping costs covered by Seller. If the same make and model is unavailable, Buyer will have the choice of receiving a similar make and model or receiving a refund. After such thirty (30) day window, Buyer shall pay all shipping costs associated with returning and exchanging any Product which is “dead” upon delivery; provided that in any claim that the Product is “dead” upon delivery, the defective Product must be in unused condition (save any modifications to the packaging necessary to open the packaging in attempts to operate the Product for the first time). THE FOREGOING LIMITED WARRANTY IS CONDITIONED UPON ALL warranty or other repair or replacement claims (i) beING submitted to firstname.lastname@example.org, and (ii) includING a description as well as pictures or a video of the issue.
10.3 Limited Warranty Exclusions. Certain consumable parts and wear and tear items, such as brake pads, brake Escooter, tires, tubes, fenders, kick stands, cosmetic plastic covers, deck covers, as well as regular wear and tear on the Product are NOT covered by this Limited Warranty. The battery is considered a consumable part as well. While the Limited Warranty expressly includes the battery and covers Manufacturer Defects, Buyer acknowledges that battery performance and capacity will diminish over time even with proper maintenance, starting with approximately 300 charging cycles. Buyer acknowledges that this gradual reduction in battery capacity is part of the normal wear and tear of the battery and not due to a Manufacturing Defect. Buyer further acknowledges that, if Buyer fails to fully charge the battery at least once every three (3) months and/or if the Buyer permits the battery to run completely empty during extended periods of storage, the battery may fail and need to be replaced which is not considered a Manufacturing Defect. Similarly, damages, malfunctions, or Product performance problems that are caused by collision, fire, accident, environmental conditions (including but not limited to acid rain, volcanic ash, sea salt, bird droppings, hail or UV exposure), overloading, lack of routine care and maintenance, and other misuse that is not consistent with the Product’s intended purpose are NOT covered by this Limited Warranty. This Limited Warranty will become void upon any of the following events: (i) exceeding the weight and/or speed limits set out for each model of the Product; (ii) exposing the Product or the Product’s battery to ambient temperatures above one hundred degrees Fahrenheit or below zero degrees Farenheit for more than a few hours at a time; (iii) subjecting the Product to flood water, windstorms, hailstorms, or other similar occurrences; (iv) immersion of Products in any liquid medium; (v) attempting to alter the programming of any Product’s electronic system; or (vi) improper battery maintenance. In the event of any issues that arise outside of the Limited Warranty Period, warranty claims may still be submitted by Buyer to Seller, but Seller reserves the right to charge a fee for spare parts, repairs, and labor. EXCEPT FOR THE LIMITED WARRANTY, THERE ARE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY OR NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. THE FOREGOING REMEDIES ARE BUYER’S SOLE AND EXCLUSIVE REMEDY, AND SELLER’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO MANUFACTURING DEFECTS OR OTHER WARRANTY ISSUES. THE DURATION OF ALL WARRANTIES ARE LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
- LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ORDER OR THE PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO SELLER FOR THE PRODUCT WITH RESPECT TO WHICH THE CLAIM RELATES. IN NO EVENT SHALL SELLER OR ITS AFFILIATES OR VENDORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, USE, GOODWILL OR BUSINESS OPPORTUNITY, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE PRODUCT OR THE ORDER, INCLUDING THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- INDEMNITY– Buyer will indemnify, defend and hold harmless Seller and its affiliates and vendors and their respective officers, directors, equity holders, employees, agents and representatives harmless for, from, and against any and all suits, claims, liabilities, damages, losses, fees, fines, penalties, costs and expenses (including attorney's fees and expert witness fees, court costs and interest) and including those related to death, personal injury or damage to property, arising out of or in connection with (a) Buyer’s or its transferees’ and guests’ handling, storage, operation or use of the Products, and (b) any loss or damage resulting from the Products and the handling, storage, operation or use thereof. Seller reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer, in which event Buyer will cooperate with Seller in asserting any available defenses.
- COMPLIANCE WITH LAWS– Both parties, in the performance of the Order, will comply with any and all applicable federal, state, and local laws, regulations, rules and ordinances. It is the responsibility of the Buyer, not the Seller, to ascertain and obey all applicable local, state, deferral and international laws in regard to the possession and use of any Product purchased from Seller. Buyer should consult its, his or her local, state and country laws before ordering and using Products. By placing an Order, Buyer represents that the Product ordered will be used in a lawful manner. Under no circumstances shall Seller, its affiliates or vendors be liable or responsible for the misuse of any Product purchased. These terms are effective and binding upon the Buyer’s heirs, agents, personal representatives and assigns. Buyer represents, warrants and covenants that that he/she is over 18 years of age. Buyer further agrees that by purchasing Products, placing an Order, or sending payment for Products, Buyer assumes all risks and waives and releases certain substantial rights that Buyer may have or possess (as set forth in these T&C).
- BUYER’S RESPONSIBILITIES –Buyer warrants and agrees that he/she/it will operate the Products purchased from Seller in accordance with the Product’s proper use, in a safe manner and under normal operating conditions. Normal operating conditions require adherence to Seller’s specifications in the Product manual, and routine care and maintenance by the Buyer. Seller will include a Product manual for the Product, and Buyer is responsible for fully reading, understanding and referring to the information included in the manual. To the extent that these T&C conflict with any terms set forth in the Product manual, the terms of these T&C shall govern. THE PRODUCT MANUAL MAY BE ACCESSSED ONLINE AT escootersstores.com and is provided to buyer upon delivery. “Proper use” means that the Products are to be used only in the manner intended for personal transportation of a single rider with proper safety equipment on smoothly paved, safe, dry, non-oily surfaces in accordance with local regulations. Buyer is aware that the Products are designed for recreational and/or for personal transportation of a single rider with proper safety equipment. Buyer acknowledges that some states may require a driver’s license and may require certain safety equipment for some or all of the Products sold to Buyer and that additional vehicle code requirements may exist. Buyer undertakes sole responsibility to become informed of such applicable laws before purchasing and using Products from Seller. Buyer also acknowledges that using the Products creates a risk to others; and Buyer shall determine what insurance protection he/she/it requires before purchasing or using Products from Seller. BUYER’S INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THE PRODUCTS. TO DETERMINE IF COVERAGE IS PROVIDED, BUYER SHOULD CONTACT HIS/HER/ITS INSURANCE COMPANY OR AGENT. Some states also require the following: BUYER MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THE PRODUCTS TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS. Buyer acknowledges and agrees that using Products has certain inherent risks of injury or death, which risks increase further if the Products are not used in accordance with safe riding procedures (such as those recommended by the U.S. Consumer Product Safety Commission), and pursuant to Seller’s guidelines as laid out in the Product manual and elsewhere. Buyer is further aware that the usual risks, hazards, and dangers of personal injury, death, and disability increase when using ramps, curbs, steps, half pipes, inclines, or declines, or bowls or any other structure or device. Buyer also understands that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are using the Products. BUYER ASSUMES THE RISK OF ALL RIDERS WHO RIDE OR OPERATE THE PRODUCT, INCLUDING WITHOUT LIMITATION, THE BUYER’S OWN SELF.
- ASSIGNMENT- Neither the Order, these T&Cs, nor any right, obligation or interest therein (including but not limited to the Limited Warrant set forth above), nor any claim arising hereunder, may be transferred or assigned by Buyer; and any attempted transfer made in violation of these T&C will be null and void.
- GOVERNING LAW- The Order, including these T&C and any dispute regarding these T&C and/or the Product, and the rights and obligations of the parties thereto, will be determined in accordance with the laws of the State of Florida without reference or regard to the conflicts of law rules thereof. The United Nations Convention on the International Sale of Goods shall not apply and the parties hereby expressly reject its applicability.
- AMENDMENT– These T&C and any Order may only be amended or modified in a writing which specifically states that it amends the Order and is signed by an authorized representative of each party.
- WAIVER– No waiver by Seller of any of the provisions of the Order is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Order operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- FORCE MAJEURE– Seller shall not be liable or responsible, nor be deemed to have defaulted or breached the Order, for any failure or delay in fulfilling or performing any term of the Order when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, tornado, hurricane, explosion, pandemic (including COVID-19), epidemic, governmental actions, voluntary or involuntary compliance with any governmental order or mandate, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic (including COVID-19), epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or vendors, or inability or delay in obtaining supplies of adequate or suitable materials, equipment or telecommunication breakdown or power outage (collectively, “Force Majeure Event During any period in which Seller’s supply is low, Seller may allocate any available Product in any manner deemed reasonable to Seller; and under no circumstances shall Seller be obligated to ship by expedited or any other means (other than as set forth herein), work overtime, or ship from any specific location in order to fill an Order.
- RELATIONSHIP OF THE PARTIES– Nothing contained in the Order shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- NO THIRD-PARTY BENEFICIARIES– The Order is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these T&C.
- SUBMISSION TO JURISDICTION– Any legal suit, action or proceeding arising out of or relating to the Order shall be held exclusively in the federal and state courts located in the State of Florida, in each case located in or near the City of Miami and County of Miami-Dade, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO TRIAL BY JURY.
- SEVERABILITY– If any term or provision of the Order or these T&Cs are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Order or these T&C, or invalidate or render unenforceable such term or provision in any other jurisdiction.
- SURVIVAL– Provisions of these T&C which by their nature should apply beyond their terms will remain in force after any termination or expiration of the Order including, but not limited to, the following provisions: Governing Law, Venue, Indemnity, Compliance With Laws, Limitation Of Liability, Submission To Jurisdiction, and Survival.