Terms and Conditions

Consumer Purchase Terms and Conditions

Biktrix Electric Bikes

Last updated March 25th, 2024

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Biktrix Enterprises Inc. operating as Biktrix Electric Bikes, a Saskatchewan corporation (“BEB”, “us” or “we”), and apply to all consumer purchases by you of any model of BEB’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by BEB (collectively with ebikes, the “Products”) in Canada. Purchases outside Canada must be made through the international website (www.biktrix.com) and are subject to the applicable Terms and Conditions contained on that website. By purchasing any Products from BEB, whether online or at our showroom, or by using the Products you thereby agree to these Terms in their entirety.

Please note that the terms and conditions listed here take precedence over any printed manuals or other documentation that may have been received with the product.

1. Application

These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with BEB are subject to other agreements, including the:

1. Limited Warranty Terms
2. Terms of Use
3. Privacy Notice
4. Owner’s Manual

A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.

2. Ebike Online Or In-Store Orders

In the event you are purchasing an ebike

1. (i) by ordering online,
2.  (ii) in an BEB retail store (as opposed to a direct purchase in store of in-stock item), or
3.  (iii) through Biktrix Mobile Service, your order of an ebike is an offer to buy.

BEB will send you an email confirming our receipt of your order. BEB has accepted your order upon shipment of the ebike. We reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.

From time to time, in its sole discretion, BEB may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined and BEB reserves the right to end or pause all such offers, codes, or programs at any time.

3. Refer A Friend Program Terms/Limitations

To qualify for a Referral Reward, the referred person must

1. (i) be a new customer,
2.  (ii) provide the name of the referring individual at time of purchase,
3.  (iii) make a purchase on www.Biktrix.com in an amount greater than the minimum amount specified in the referral offer, and
4.  (iv) not use any other active promotion or discount on their purchase.

Referring customers will receive a Referral Reward after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two (2) people per household. Referring customers may only earn one (1) referral credit per referred person. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.Biktrix.com account under an alternate email address.

Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of

1. (i) the referring customer's referral credit,
2.  (ii) the referred person's promo code; and
3.  (iii) both parties' ability to participate in this or future promotions.

Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.

4. Shipping

A. General Policies and Procedures

All orders under $150 qualify for a flat rate $25 shipping charge. Select orders of $150 or more may qualify for free shipping. Products excluded from the flat rate shipping and free shipping offer are: Batteries ($60 shipping charge per item). Palletized freight orders are subject to additional fees.

1. Discounted Flat Fee for bikes to PEI, YT, NT, NU and NL
2. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
3. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO BOXES or APO.
4. Orders containing discounted merchandise may take an additional forty-eight (48) hours to process.
5. For all international orders, you are solely responsible for ensuring you comply with all applicable local/state/federal regulations concerning the import and use of electric bicycles. Acceptance of orders outside of the United States shall be in BEB’s sole discretion.
6. Any changes that you make regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences may delay your receipt of the Products and replacement Products and/or refunds. If you would like to change the color or size of your ebike, you must do so prior to your order being PROCESSED. When an order is Processed, you get an email confirmation stating that NO CHANGES are permitted at this time.
7. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.
8. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee that we will receive the item you are attempting to return. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
9. For any third-party shipping outside of BEB’s normal shipping process, BEB cannot provide ANY additional shipping information or documentation.
10. For orders placed through our online store (www.Biktrix.com) with the shipping address of a BEB retail location, expect delays in delivery, please contact the respective showroom for availability, delivery timelines and other details before placing the showroom pick-up order. To purchase Products in-store, please locate a BEB retail showroom near you.
11. While BEB will try its best to coordinate with the carrier company to get the product delivered, it is the responsibility of the consignee to keep track of the shipment and to coordinate with the carrier for tracking updates and to get the shipment delivered or rescheduled for delivery.
12. In case of a failed delivery, the consignee is responsible for coordinating and collecting the consignment from the carrier’s assigned location/ pick-up point at the consignee’s cost. If the tracking shows ‘Out for Delivery’ but the package remains undelivered, the consignee should coordinate with the carrier and not Biktrix Inc. It must be noted that some carriers do not allow pre-scheduled delivery or custom delivery timelines/ options, Biktrix Inc. cannot be held responsible for the absence of such services.
13. All shipping charges are non-refundable. A consignment cannot be considered as ‘LOST’ unless declared by the contracted carrier and therefore BEB cannot be held liable for any shipment that does not show tracking updates after it has departed the BEB’s dispatch facility.
14. Failed Deliveries: If a shipment is refused by the receiver or delivery returned for any reason, the customer is responsible for the shipment fee both ways (to and from the customer address).
15. It is the customer’s responsibility to ensure that the shipping address on the order is accurate. If a shipment is lost or damaged or returned due to wrong address, the customer is responsible for all the shipping costs and other costs associated with that shipment.
16. All Shipping Damages must be reported within 48 hours of delivery. In the event where you receive your package and there is product damage, an investigation will be conducted. During this period of investigation, BEB reserves the right to issue a replacement.

B. CargoCare Shipping Protection: Protection from Damage, Loss, & Theft

Overview

CargoCare Shipping Protection offers optional insurance coverage designed to provide peace of mind by protecting against damage, theft, and loss during the transit of goods. This insurance is specifically applicable for one-way shipping from our facility to the customer's delivery address. By selecting CargoCare Shipping Protection at a as shown on the cart page of our website, customers secure their shipments and ensure a safer delivery process.

Coverage Details

1. Damage: If the insured items are damaged while in transit, CargoCare Shipping Protection covers the repair costs, or, if repair is not feasible, the replacement of the items, subject to the terms and conditions below.
2. Loss & Theft: In the unfortunate event that the insured shipment is lost or stolen during transit, customers will be provided with a replacement bike, ensuring minimal disruption and inconvenience. The replacement will be of the same model or the nearest equivalent model if the original is unavailable.

Limitations

1. The insurance coverage applies exclusively to one-way shipping from our facility to the customer's specified delivery address. Return shipments or further forwarding beyond the original delivery address are not covered.
2. Coverage is active from the time the shipment departs our facility until it reaches the customer's specified address.
3. Claims for damage, loss, or theft must be reported within 48 hours from the expected delivery date. The procedure for filing a claim is detailed in the Claims Process section.

Claims Process

To initiate a claim under CargoCare Shipping Protection, customers are required to:

1. Complete Shipping damage cliam form. within 48 hours of the delivery date if the goods are damaged, lost, or stolen.
2. Submit all necessary documentation, which may include the purchase invoice, a detailed description of the damage, and any relevant photos or police reports in case of theft.
3. Assist our team and the insurance provider throughout the investigation process.
4. Our dedicated team will provide guidance through the claims process and strive to resolve your claim efficiently.

Exclusions

CargoCare Shipping Protection does not cover:

1. Items prohibited by our shipping policy.
2. Losses resulting from natural disasters or acts of God.
3. Indirect losses or damages not directly associated with the transit of goods.
4. Acceptance of Terms
5. Opting for CargoCare Shipping Protection signifies the customer's agreement to these terms and conditions. Customers are responsible for understanding the coverage scope, limitations, and exclusions of CargoCare Shipping Protection prior to purchase.

5. Ownership

1. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time BEB delivers such Products to the applicable shipping carrier.
2. 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/debit card company declines payment or requires us to return any payment made for the Products, for any reason.

6. Cancellations & Refunds

A. Cancellations

1. In order to cancel any order, you must obtain written confirmation from a BEB Agent, which can be obtained by completing this request form.
2. Purchased Products (including pre-orders) that have not yet shipped (ie. no tracking number generated), and are cancelled will be subject to a 10% cancellation fee. The cancellation fee will be withheld from the refund.
3. No order with a valid tracking number can be cancelled, regardless of shipping status.
4. No cancellation is final until written confirmation has been provided by BEB.

B. Refunds

1. Any item returned with an order that used a discount code will have the entire discount code value subtracted from the refund value, whether you return one product or multiple products.
2. Refunds will be made after the Ebike/ product is received and inspected.
3. There will be a deductible restocking fee between 15-50% depending on the condition the bike/ product is received in. This fee will be determined once the bike is received and will be withheld from the original payment.
4. All authorized E-bike returns would be subject to a USD$ 550 Shipping Fee deductible from the refund in addition to the restocking fee mentioned in 6.B.3
5. All E-Bikes that are shipped from Biktrix and Cancelled while in transit with Fedex and returned to Biktrix are subject to shipping fees payable by the customer both ways as mentioned in sections 4.11 and 4.15 
6. Returns - BC E-Bike Rebate Program
   We do not accept returns from customers who participate in the BC E-Bike Rebate Program. We cannot provide you with a cash, debit refund, credit card refund, cash equivalent gift card or merchandise credit. Please make sure your decision to purchase an E-Bike is final.
7. Exchanges - BC E-Bike Rebate Program
   If you are a customer who participated in the BC E-Bike Rebate Program and your E-Bike is in some way defective, it may only be exchanged for another E-Bike of equal value (same cost/price) or higher.

7. Ebike & General Returns

A. General Policy

1. In order to undertake a valid return, you must obtain written approval for such a return from BEB, which can be obtained by completing this form. Any Product sent back to BEB without an RMA# WILL BE REJECTED AND SENT BACK at the sender's cost.
2. BEB reserves the right to recall a bike/ bike part for Service & Return/ Exchange from the customer. Any request for Return for an Exchange OR Return for a Refund from the Customer would be subject to the Terms of Service under Section 6.B irrespective of the situation/ condition of the bike/ performance/ delivery.
3. Return Labels issued by BEB are valid for 14 calendar days from the date of creation. If the Label expires before the return, the Sender would need to re-apply for the request to return, and the case would be freshly evaluated by authorized personnel from BEB.
4. Any purchase of accessories or receipt of a replacement part under the Limited Warranty is not eligible for return unless the wrong part was shipped by Biktrix.
5. For more conditions please refer to section 4.A and 4.B above.

B. Non-returnable/non-refundable Items

• Used Products, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return.

C. Returns within fourteen (14) days of delivery (for E-Bikes only)

• To return an ebike you must contact BEB within fourteen (14) days of your receipt of the ebike. The ebike must have less than ten (10) miles on the odometer, be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that you receive it and
• You must receive prior authorization and a prepaid return shipping label from BEB. Returns are not allowed after fourteen (14) days of the delivery date.
• For more conditions please refer to section 4.A and 4.B above.

D. Process for returning an E-bike or parts with Return Label

1. Get written approval (RMA Number) from BEB for a return and a return label
2. Print and follow all instructions on the label and the email.
3. Arrange to drop off at the shipping company address (Fedex/UPS/Other)
4. Once the bike arrives, we will check it for damages and then determine the refund amount.
5. For more information on packaging your bike for transportation please refer to the article here

E. Process for returning an E-bike or parts WITHOUT Return Label:

1. Get written approval (RMA Number) from BEB for a return
   Ship the return good(s) to:
   
   Biktrix
   ATTN: RETURN – RMA #___________
   1120 17th St W
   Saskatoon, SK
   S7M 3Y3
   Canada
   
   
2. All shipments sent to BEB without an RMA# WILL BE REJECTED AND SENT BACK.

8. Right of Return

1. Biktrix Merchandise and Helmets:

No returns, refunds, or exchanges would be accepted for merchandise/wearables sold through our website or showrooms.

2. Accessories / Components :

No returns, refunds, or exchanges would be accepted for Accessories sold through our website or showrooms.

3. Wheelsets, Controllers, Displays, T4 Cables, Sensors or any Bike Parts thereof:

No returns, refunds, or exchanges would be accepted for these sold through our website or showrooms.

4. Bikes:

All bikes can be returned based on the guidelines in the E-Bikes Returns section.

All demo and clearance sales are FINAL . No Returns would be accepted on these.

Bikes Acquired via the Indiegogo Campaign are Non-Returnable and Non-Refundable. No Exceptions would be allowed under any circumstances. (see the section titled Terms & Conditions for Bikes Acquired via the Indiegogo Campaign for more info)

All returns and deductions would be at the sole discretion of BEB  

9. Website Info & Ebike Performance

Range: Please note that information regarding the expected range on a single charge on one of our e-bikes is an estimate, not a guarantee. There are many factors that contribute to the actual, real-world range for an e-bike battery such as the age of the battery, temperature, level of assist, speed, payload, and terrain. Depending on these various conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range.

Parts/ Components:  BEB reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet BEB’s strict standards.

Pictures:  All pictures are for representational purposes only. The actual product may vary slightly in terms of colour, appearance, decals or accessories as shown in the pictures.

Specifications & Geometry:  While BEB takes utmost care to deliver authentic information in the Specifications & Geometry Table, BEB cannot guarantee the accuracy of the information at all times. If you have a necessity/ condition for an exact component, please contact our CX Team through this form.

Pricing:  All prices are subject to change without notice, we do not price match or offer rainchecks on our products.

Discounts & Coupons:  BEB reserves the right to withdraw any Coupon/ Discount/ Promotional offer without notice. Discounts and Coupons may not be available to stack on a single order.

Alterations:  Any alterations, modifications, or other changes made by you to an e-bike following your purchase that affect the safety, operation, or mechanics of the e-bike shall void the Limited Warranty and shall be at your sole risk of harm.

10. Payments

Our website is powered by Shopify and all payments made by you to BEB are processed through Shopify’s payment portal. Payments may be declined or returned to you, in BEB’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 BEB, 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.

1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
2. Financing. For qualified purchasers, ebikes may be financed through BEB’s consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that BEB is in no way responsible for any such financing.

11. Liability

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL 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:

1. (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE;
2.  (ii) FRAUD;
3.  (iii) FRAUDULENT MISREPRESENTATION; OR
4.  (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.

We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. 

12. Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY BEB, INCLUDING BUT NOT LIMITED TO THE EBIKES, 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. BEB 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, BEB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:

1. (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
2.  (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR
3.  (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

12. Warranty:

Warranty Clauses/ conditions/ situations not covered under these terms of service would be subject to the discretion of BEB.

Applicable Warranties on all bikes except when explicitly mentioned otherwise on the product description or your order.

Failure to follow Standard Scheduled Maintenance for your eBike will void your warranty.

*Cosmetic appearance, colour match and or size are not guaranteed with the replacement. Warranty for frames does not cover frame breakages caused due to misuse/abuse including overload by the user. Our warranty only covers manufacturing defects as determined by BEB

Warranty exclusions:

• Complete eBike if modifications are made including but not limited to modifying gear ratios, changing motor settings without BEB’s authorization, etc.
• Batteries stored improperly/ without following the Battery Care Instructions on our Help Center.
• Bolt heads stripped while assembling/ disassembling any part.
• Axle and axle heads/ bolts damaged during assembly/ disassembly.
• Damage/ defect/ wear & tear caused by environmental factors such as moisture, humidity, corrosion, salt, etc.
• Damage caused due to improper assembly or misinterpretation of the assembly instructions/ videos.
• Damage caused due to the use of tools not supplied/ authorized by BEB.
• Wear and Tear on the bike, bike parts, transmission/ drivetrain systems, components etc.
• Rubber, Plastic and Consumable parts on the bike.
• Remote Programming of the bike.
• eBike and Motor Controllers, Displays, or any other spare part sold separately from the bike.
• Shipping charges on all replacement/ serviced parts.
• Shipping charges on items that need to be sent to Service Centre for repairs/ returns.
• The bike shop fees for the removal, installation and or replacement of a part on the eBike.
• Shipping charges are non-refundable under all circumstances.
• Freebies including complete eBikes (under offer), accessories, etc.

Warranty Transfer:

Unless explicitly authorized by BEB, all warranties are non-transferable and applicable only to the first owner of the product.

13. Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEB 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 BEB, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Acknowledgement and Indemnification

You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of BEB. You agree to release, waive, defend, indemnify, and hold BEB and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from:

1. (a) your purchase or use of any Products;
2.  (b) any violation by you of these Terms; or
3.  (c) your violation of another party’s rights or applicable law.

BEB 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 BEB in asserting any available defenses.

15. 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 BEB AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND BEB 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.

1. 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 BEB, 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 BEB’s marketing or advertising (“Claims”).
2. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
3. BEB will pay the arbitration/arbitrator fees.
4. Arbitration shall be administered by the ICDR Canada, subject to its Consumer Arbitration Rules, available at www.icdr.org
5. Discovery shall be permitted in arbitration subject to ICDR Consumer Arbitration Rules.
6. 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 shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
7. Claims may not be arbitrated on a class or representative basis. You and BEB agree to arbitration only on an individual basis. Neither you nor BEB 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 shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
8. You and BEB 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.

16. Notice and Updates

BEB will provide all notices (including legal process) that BEB is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to BEB. You acknowledge that if you do not provide BEB with current and accurate contact information, BEB may not be able to contact you. You agree to send BEB notice by mailing it to:

Biktrix Enterprises Inc. Legal Department, 510 Avenue M S, Saskatoon, SK, S7M 2K9, Canada

17. Governing Law

These Terms and any disputes between you and BEB will be governed by the laws of the Province of Saskatchewan, without regard to conflicts of laws.

18. General

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” BEB’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on BEB if it is in a written document signed by BEB. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and BEB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and BEB agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. BEB may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of BEB’s successors and assigns. BEB shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and BEB with respect to the Site. Both you and BEB warrant to each other that, in entering this agreement, neither BEB nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BEB, or BEB’s successors and assigns, will have any right to enforce these Terms.

Refunds/ Reimbursements

All refunds/ reimbursements are at the sole discretion of BEB and to the original mode of payment only. In case the original payment mode has changed/ disabled it is the responsibility of the customer to inform BEB about the same as early as possible. Failure to do so may result in a ‘lost’ or suspended transaction and under no circumstances can BEB be held liable for the misplaced transaction or asked for a repeat of a refund to another payment mode. In such cases, the onus is on the customer to contact the relevant financial institution and secure the transaction.

While we take all measures to process the approved refunds as soon as possible, there are delays sometimes at the financial merchant’s interface, BEB  cannot be held responsible for delays in the processing of refunds/ reimbursements and the inconvenience/ loss caused due to it.

Paypal:

The original transaction fee of 3.5% is non-refundable on Paypal.

Beyond 60 Days of payment all refunds/ reimbursements would be in the form of Store Credits.

No Reimbursements on:

• Transfer of parts on a replacement frame.
• Transfer of parts on a replacement wheel.
• Removal & Replacement of Bike Parts at a local bike shop except where pre-authorized.
• Support, diagnostics, troubleshooting steps from a third-party shop, facility, or entity.

The maximum liability for a refund including all warranty and return for refund claims combined, whether separate or concurrent cannot exceed the initial purchase price of the product.

19. R-E-S-P-E-C-T towards BEB staff

We pride ourselves in being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something has gone wrong or there is an issue with your purchase (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language or sexual innuendos/ hints/ comments towards our staff. We will offer a warning if this occurs, after which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.

Abuse:

Biktrix Inc. considers all its customers and clients extremely valuable, but our employees are invaluable to us. We expect all our customers and clients to behave in a civilized manner with our employees, agents, support staff, showroom personnel, and dealers and treat them with RESPECT at all times. In case of a grievance, the respective issue must be brought to the attention of the support team in a respectful way while communicating on any channel. We understand that oftentimes certain situations can cause anger and frustration to get the better of a human being, however, we will not condone such behaviour irrespective of the circumstances.

Swearing or profanity is strictly prohibited on all forms of messaging and such clients would be blocked permanently if they fail to comply after a written warning has been issued to them. Biktrix Inc. adopts a ‘Zero-Tolerance’ policy against any form of verbal/ non-verbal/ physical/ mental/ emotional/ direct/ in-direct/ racial abuse/ harassment/ bullying or slandering towards any personnel of Biktrix Inc. We reserve the right to irrevocably decide to terminate accounts, reject service, cancel orders, discontinue our relationship under such cases including forfeiture of the remaining warranty at our discretion.

20. Local Bike Shop - Terms Of Service

In instances where the bike needs to be serviced at a Local Bike Shop, the customer must procure a pre-authorization from BEB to proceed ahead with the warranty claims. Failure to secure a pre-authorization may result in the rejection of the warranty claim made for such works.

Pre- Authorization: Before proceeding with service at a Local Bike Shop, BEB will issue a pre-authorization for an appropriate amount based on the nature of the work that needs to be carried out on the bike.

In cases where the customer receives an estimate from the Local Bike Shop that is more than the pre-authorized amount. It is the responsibility of the customer to secure a revised pre-authorization. Failure to do this excludes BEB from any liability to compensate for the invoice beyond the pre-authorization.

If the customer willfully proceeds with the repair work that costs more than the pre-authorized amount, BEB is liable to only compensate the customer for the amount that was pre-authorized and will not cover the entire amount on the Invoice of the Work.

Diagnostics: In certain cases, BEB will pre-authorize an amount for our customer to take their bike to a local bike shop for diagnostics of the issue. This is intended as a fault-finding process, to have an experienced bike mechanic look at the bike and provide insight into the issue and repair options and to provide a quote for the actual work to fix the problem.

If the bike shop proceeds with the actual work when we have only pre-authorized for diagnostics, then the customer should not assume that BEB will reimburse them for the warranty claim. In such cases, the reimbursement of the warranty claim and the amount of refund would be at the sole discretion of BEB .

Reimbursement for work: Once the job is completed the customer must send us a copy of the invoice and BEB will reimburse/ refund the customer via the original payment method that was used to purchase the bike.

In case the customer wants BEB to pay the bike shop directly, this would need an additional 5 business days to process the payment on BEB’s end. The payments can be made via electronic means only.

Coordination: If the local bike shop requires the customer to leave the bike at a local bike shop for a certain number of days it is the responsibility of the customer to coordinate with the bike shop and seek information regarding the progress of the work on the bike. BEB agents may communicate with the Bike Shop via Telephone and emails during regular BEB business hours, however, it is the owner’s responsibility to be part of all types of communication between the Bike Shop and BEB. Under no circumstances BEB or one of our agents can be held responsible for the job that is done at a Local Bike Shop. In the instance that the local bike shop needs parts that are specifically available from BEB, they need to send a request for these through the original owner of the bike. BEB will not accept parts requests received from the local bike shop directly.

It is the responsibility of the customer to be looped into the proceedings at the local bike shop and to ensure that any emails regarding the work must have relevant people CC'd for transparent communication. BEB  cannot be held responsible for delays at the local bike shop for any reason whatsoever.

Storage Fees: Some bike shops may charge storage fees on bikes that are waiting for parts/ troubleshooting purposes or any similar reason thereof. In cases like these, the customer must pay for the storage fee or take the bike back until such time that the parts have been received and the local bike shop is able to commence work on the bike. BEB  will not cover the Storage Fee at Bike Shops.

21. How To Contact BEB

If you have any questions or comments regarding these Terms, you may contact BEB by any of the methods available on our website at www.Biktrix.com or by mail at the following address:
Biktrix, 510 Avenue M S, Saskatoon, SK, S7M 2K9, Canada; ATTN: Legal Department.

22. Terms of Purchase for Juggernaut XD

The following terms are an addendum to the standard terms listed above and are applicable to all products (including but not limited to eBikes, upgraded parts, Accessories, and Batteries) purchased under the  Juggernaut XD eBike Series. 

Unless explicitly specified under the product description, all models under the Juggernaut XD eBike series may be limited from future upgrades, and technological improvements, including mechanical, electronics or software and compatibility of parts/ accessories. Any future changes/ modifications would be applicable at the sole discretion of BEB.

Shipping

The first batches are limited to shipping within Canada and the US only. Additional shipping charges may apply to certain geographical locations, as stated in Shipping Section 4.

All shipping estimates listed (if any) are for ‘In-stock and shipping’ listed base configurations and are subject to change without notice depending upon the configuration selected at the time of placing the order and logistical circumstances. 

eBikes ordered with a custom powder coat choice will add an additional 2-4 weeks of processing time to the order.

No changes to the order of any kind, (including but not limited to addition/ removal of accessories and upgrades, or changes to colour or frames style, etc.) will be permitted once the payment has been made.

Warranty

Standard Warranty applicable for manufacturing defects as listed in Section 12 of the Main Terms of Service 

BEB reserves the right to provide replacement parts that may not be of the exact same type/ style/ colour/ design/ model. BEB reserves the right to determine the manufacturing defect and warranty applicability on a part/ product in case of a failure.

All support/ assembly instructions for our products are available on our Help Center, any failure to comply with the relevant recommendations does not absolve an operator from a user error. BEB requests that Biktrix customer support be your first point of contact for any possible bike issue/warranty request.

Right of Return, Cancellation & Refunds

In addition to the standard Terms listed under Sections 6, 7 & 8 the following would be applicable. The custom paint/ powder coating fee is non-refundable.

If the bike box has been disposed of, BEB will not provide or cover the charges for a replacement bike box in case of a return.

During the warranty period if at any stage the customer requests a return for a refund for any reason including but not limited to eBike fit/ design/ buyer remorse/ product malfunction/ repeated failures/ defect or shipping/ paint damage, etc. such requests would be subject to the standard terms of service as listed under Section 6, 7 & 8.

BEB reserves the right to provide a shipping label for any product that needs to be returned for service/ refund.

23. Terms of Purchase for BiktrixCare+

Standard Warranty is 2-year for regular eBikes 90-days for demo/ clearance eBikes and none on free eBikes

• The extended warranty will begin the day following the end of the standard warranty.
• eBike must be registered first to activate.

• The plan can be purchased within 30 Days from the date of delivery or while placing the eBike order whichever is earlier.
• The Biktrix Extended Warranty Plans will cover the list of eBike parts as per the table for manufacturing defects under the respective plans.
• The Biktrix Gold Plan is transferable once from the original buyer to another person subject to notifying the transfer of ownership to BEB.

• Wear & Tear on original parts as determined by BEB.
• Shipping charges on damaged/ serviced/ replacement parts.
• Loss of capacity/ range on Batteries.
• Damage/ defect arising due to failure to follow the Standard Maintenance Schedule and safety instructions.
• Diagnostic, removal, and installation charges.
• Defects/ damages to other parts not on the list due to the malfunction of one of the parts covered under the plan.
• Consumables like brake pads, rotors, etc.
• Damage due to accidents, weather conditions, Acts of God, misuse, neglect, abuse, commercial use, alterations, modification, improper assembly, installation of parts or accessories not originally intended or compatible with the ebike as sold, operator error, water damage, stunt riding, exceeding weight and other limits, etc.
• Colour/ decals matching the replacement parts.

• In rare instances when the replacement part is not available or will take an exceptionally long time to arrive, BEB will reimburse the cost (as defined by BEB) of the item either as cashback or Gift Card as determined by BEB.
• If an exact replacement is not available BEB reserves the right to supply parts of a different design and equal performance.

• BEB will request to ship the motor to the Service Centre if the defect is fixable.
• Labour and parts cost is included in the motor service at BEB’s Service Centre.
• If the defect is unfixable BEB will issue a refurbished replacement.
• Shipping charges are excluded for the motor service.
• For Hub-Motors the maximum liability is the cost of the motor.

• The plan alone cannot be cancelled or refunded once the bike has been shipped.
• If the bike is returned under the first 14-day return window for a refund, 100% of the amount paid for the plan would be refunded.
• If BEB decides to sever all relations with an owner under Section 19 the plan would be deemed terminated without a refund.