Terms of Purchase

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Doheny Bike LLC, a California limited liability company (“HB”, “us” or “we”), and apply to all consumer purchases by you of any model of HB’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by HB (collectively with ebikes, the “Products”). By purchasing any Products from HB, whether online or at our showroom, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.

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

1. Limited Warranty Terms
2. Terms of Service
3. Privacy Policy
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 ORDERS. When you are purchasing an ebike by ordering online your order of an ebike is an offer to buy. HB will send you an email confirming our receipt of your order. HB 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.

1. Orders Placed Via Affirm. Orders placed using Affirm as a payment method via www.hobieelectricbike.com may be picked up at our facility in Dana Point, CA or delivered.
2. From time to time, in its sole discretion, HB 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 HB reserves the right to end or pause all such offers, codes, or programs at any time.

3. OWNERSHIP.

1. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time HB 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.

4. EBIKE PERFORMANCE. Please note that information regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range.

1. Alteration. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void the Limited Warranty and shall be at your sole risk of harm.

5. PAYMENTS. Our website is powered by Shopify and all payments made by you to HB are processed through Shopify’s payment portal. Payments may be declined or returned to you, in HB’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your credit/debit card will be pre-authorized. If your item is unavailable, we will void the charge and reach out to you via e-mail.  If your item(s) are available for immediate shipment (within 5 business days), we will process the charges and submit the order for shipment.

6. 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 HB’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 HB is no way responsible for any such financing.

7. 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: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

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

8. DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY HB, 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. HB 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, HB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

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

10. ACKNOWLEDGEMENT AND INDEMINIFCATION.  RIDERS MUST BE AT LEAST 16 YEARS OLD TO RIDE AN EBIKE. RIDERS SHOULD BE TALL ENOUGH TO TOUCH BOTH FEET ON THE GROUND. YOU ACKNOWLEDGE THAT YOUR PURCHASE IS NOT INTENDED FOR AND WILL NOT BE GIVEN TO A PERSON UNDER THE AGE OF 16. 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 HB. YOU AGREE TO RELEASE, WAIVE, DEFEND, INDEMNIFY, AND HOLD HB 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: (A) YOUR PURCHASE OR USE OF ANY PRODUCTS; (B) ANY VIOLATION BY YOU OF THESE TERMS; OR (C) YOUR VIOLATION OF ANOTHER PARTY’S RIGHTS OR APPLICABLE LAW. HB 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 HB IN ASSERTING ANY AVAILABLE DEFENSES.

11. 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 HB AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND HB 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 HB, 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 HB’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. HB will pay the arbitration/arbitrator fees.
4. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
5. Discovery shall be permitted in arbitration subject to AAA 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 HB agree to arbitration only on an individual basis. Neither you nor HB 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 HB 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.
9. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

12. NOTICE AND UPDATES. HB will provide all notices (including legal process) that HB 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 HB. You acknowledge that if you do not provide HB with current and accurate contact information, HB may not be able to contact you. You agree to send HB notice by mailing it to: Doheny Bike, LLC 34163 Pacific Coast Highway, #100, Dana Point, CA  92629.

13. GOVERNING LAW. These Terms and any disputes between you and HB will be governed by the laws of the State of California, without regard to conflicts of laws.

14. 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.” HB’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 HB if it is in a written document signed by HB. 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 HB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and HB 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. HB 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 HB’s successors and assigns. HB 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 HB with respect to the Site. Both you and HB warrant to each other that, in entering this agreement, neither HB 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 HB, or HB’s successors and assigns, will have any right to enforce these Terms.

HOW TO CONTACT HB. If you have any questions or comments regarding these Terms, you may contact HB by any of the methods available on our website at www.hobieelectricbike.com or by mail at the following address: 34163 Pacific Coast Highway, #100, Dana Point, CA  92629.