Purchasing Agreement

Terms and Conditions

Welcome to the website of Ghostcatbikes.com (“we,” “us,” or “our”). Please read these Terms and Conditions (“Terms”) carefully before using our website. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our website.

Use of Website

1. You must be at least 18 years old to use our website.
2. You may only use our website for lawful purposes and in accordance with these Terms.
3. You are responsible for ensuring the accuracy of the information you provide on our website.
4. You may not use our website to engage in any conduct that violates applicable laws or infringes upon the rights of others.
5. We reserve the right to suspend or terminate your access to our website without notice if you violate these Terms.

Intellectual Property

1. All content on our website, including text, graphics, logos, images, videos, and software, is owned or licensed by us and is protected by intellectual property laws.
2. You may not reproduce, distribute, modify, transmit, or otherwise use any content from our website without our prior written consent.

Product Information

1. We make every effort to display accurate and up-to-date product information on our website. However, we do not warrant the accuracy, completeness, or reliability of any product information.
2. The colors and sizes of the products displayed on our website may vary from the actual products.
3. We reserve the right to modify or discontinue any product without prior notice.

Pricing and Payment

1. All prices displayed on our website are in US dollars and do not include applicable taxes or shipping fees.
2. We reserve the right to change prices at any time without notice.
3. Payment for products must be made at the time of purchase. We accept various payment methods as indicated on our website.
4. In the event of a pricing error on our website, we reserve the right to cancel any orders placed at the incorrect price.

Shipping and Delivery

1. We offer shipping to valid addresses within the United States. Additional shipping fees may apply.
2. We will make reasonable efforts to deliver products within the estimated delivery timeframe. However, we do not guarantee delivery dates and are not responsible for any delays in shipping.
3. Risk of loss or damage to the products passes to you upon delivery.

Returns and Refunds

1. Please refer to our separate Returns and Refunds Policy, which governs the return and refund process for products purchased through our website.

Limitation of Liability

1. To the extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. We will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use our website or any products purchased through our website.
3. Our total liability, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you for the products purchased through our website.

Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, costs, or expenses arising out of or related to your use of our website or any violation of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or your use of our website shall be exclusively brought in the state or federal courts located in the State of California.

Electronic Communication, Signatures and Waivers

Signatures on Forms and Waivers along with written communications such as email and online chat are considered electronic communications. Invoices and shipping documentation also fall under the category of electronic communication as they will be delivered as such. You consent to receive electronic communication and waive the rights to require communication in any other manner.

Site Management

We reserve the right to monitor the site for violations of these terms and conditions in manners including, but not limited to:

1. Take legal action against anyone who violates these terms and conditions.
2. Restrict access in any capacity at the discretion of Ghostcatbikes LLC.
3. Manage the site in a manner that protects our rights and to properly service the functionality of the site.

Refund & Cancellation Policy

At Ghost Cat Bikes LLC, we strive to provide our customers with the highest quality electric bikes and exceptional customer service. We want you to be fully satisfied with your purchase. However, we understand that there may be situations where a refund is necessary. Please read our refund policy carefully to understand your rights and obligations.

Eligibility for Refund

1. You may cancel your order for a full refund minus 4% credit card processing fees up until you receive your shipment confirmation email with tracking information. Refund will get processed within 5-10 business days.
2. To be eligible for a refund, the bike must be in new and unused condition.

Timeframe

1. A request for a refund must be made within 15 days from the date of delivery.

Refund Process

1. Contact Customer Support: To initiate the refund process, please contact our customer support team by submitting a support ticket and selecting Order Payment Refund. Provide them with your order details, including the purchase date and invoice number.
2. Return Authorization: If your request meets the eligibility criteria, our customer support team will provide you with a return authorization (RA) number and instructions on how to return the bike.
3. Return Shipping: You will be responsible for arranging and covering the cost of return shipping. We recommend using a reputable shipping service that provides tracking and insurance for the return shipment.
4. Inspection and Processing: Once we receive the returned bike, our team will inspect it to ensure it meets the eligibility criteria mentioned in the eligibility section. If approved, we will process your refund.
5. Refund Method: Refunds will be issued using the original payment method used for the purchase, unless otherwise agreed upon by both parties.

Refund Amount

1. Full Refund minus 10% restocking fee: If the bike meets the eligibility criteria, a full refund minus a 10% restocking fee of the purchase price will be issued.
2. Deductions: In certain circumstances, we may deduct any applicable repair costs from the refund amount. This will be determined on a case-by-case basis and will depend on the condition of the returned bike.
3. Non-Refundable Items: Accessories, consumables, or any other items not included in the original bike purchase are non-refundable.

Non-eligible Refunds

1. Used or Damaged bike: We cannot accept returns or provide refunds for bikes that have been used, damaged, or modified by the customer.
2. Exceeded Timeframe: Refund requests made after the specified timeframe (15 days after receipt of product) will not be eligible for a refund.
3. Third-Party Purchases: If you purchased the bike from a third-party seller or retailer, please refer to their refund policy as it may differ from ours.

Customer Responsibilities

1. Return Condition: The bike must be returned in its original packaging, including all accessories, manuals, and documentation that were included with the original purchase.
2. Shipping Insurance: We recommend insuring the return shipment to protect against any damage or loss during transit.

Please note that this refund policy is subject to change without prior notice. We encourage you to review our refund policy each time you make a purchase. For any further questions or concerns regarding refunds or our products, please contact our customer support team.

Release of Liability Waiver for eBike Purchase

I hereby acknowledge and agree that I am voluntarily purchasing an electric bicycle (“eBike”) from GhostCat Bikes LLC, a California limited liability company (“Company”). As a condition of this purchase, I understand and agree to the terms and conditions outlined in this release of liability waiver (this “Waiver”).

Assumption of Risk

I am aware that operating an eBike involves certain inherent and/or unanticipated risks and hazards, including but not limited to accidents, property damage, bodily injury, and death. I voluntarily assume all risks associated with the purchase, use, ownership, or operation of the eBike. I acknowledge that there are federal, state (including the State of California) and local laws, rules, ordinances and regulations relating to the use and operation of electronic bikes (“Laws”), and it is my responsibility and liability to understand and comply with all Laws, including without limitation those relating to the required age of a rider of an electronic bike, the permitted wattage and speed, and/or unlocking the wattage and speed restrictions of the electronic bike.

Release and Indemnification

In consideration of the sale and delivery by Company of the eBike, I, for myself and my heirs, representatives, executors, administrators, beneficiaries and assigns, hereby forever release and discharge Company and its affiliates, manufacturers, officers, managers, members, representatives, successors and assigns (“Company Parties”), from and against, and covenant not to sue Company or any other Company Party with respect to, any and all claims, liabilities, loss, actions, demands, expenses, and costs, including attorneys’ fees and court costs (collectively, “Losses”) whether present or future, known or unknown, arising out of or in any way connected to the purchase, use, ownership, or operation of the eBike including, without limitation, (i) relating to or on account of or as a result of accidents, property damage, bodily injury and death, and/or (ii) a violation of applicable Laws by me or otherwise with respect to the eBike, and/or (iii) failure to adhere to and/or bypassing the wattage and speed lock on the eBike.

I further agree to indemnify and hold harmless Company and the other Company Parties from and against any Losses incurred by Company or any other Company Party arising out of or in any way connected to the use, ownership or operation of the eBike.

Warranties

The warranties of Company, express or implied, to you are solely as may be set forth at https://ghostcatbikes.com/warranty. I assume full responsibility for the selection, use, and maintenance of the eBike.

Compliance with Applicable Laws

I agree to comply with all Laws relating to the ownership, use and/or operation of eBikes, including but not limited to Laws relating to eBike classification, wattage and speed restrictions, traffic laws, licensing requirements, and safety standards. I understand that failure to comply with these laws may result in legal penalties. I agree to take responsibility in determining the proper eBike classifications per applicable Law. Company is not responsible for determining eBike classification regulations; this is solely my responsibility before purchase. I agree that the eBike will be used for private off-road use only when the eBike’s speed is unlocked through advance settings. I am aware of the dangers of unlocking the eBike’s speed and inherent risks and hazards, including but not limited to accidents, property damage, bodily injury, and even death. I voluntarily assume all risks associated with unlocking the off-road mode and adjusting the wattage and speed from the factory settings.

Severability

If any provision of this release of liability waiver is found to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.

I acknowledge and agree that Company is relying on my agreement to the foregoing. I have read this release of liability waiver carefully and understand its contents. I acknowledge that I am signing this document voluntarily and without any duress or undue influence.