ZERO MOTORCYCLES TERMS AND CONDITIONS
About Zero Motorcycles
Welcome to Zero Motorcycles’ website, www.zeromotorcycles.com (the “Website”). The Website is owned and/or operated by Zero Motorcycles, Inc., and its designated agents or service providers (“Zero Motorcycles”). Zero Motorcycles is a Californian corporation, with offices at 380 El Pueblo Road, Scotts Valley, CA 95066, USA.
Acceptance of Terms
Zero Motorcycles reserves the right to update, revise, supplement, modify or amend these Terms and Conditions at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Website. If you do not agree to any updated, revised, supplemented, modified or amended version of these Terms and Conditions, you should not continue to use the Website for any purposes after such version is posted on the Website.
These Terms and Conditions were last updated on 1 April 2009.
If you have any questions, complaints or comments about the Website or the Products, then you may contact Zero Motorcycles at 380 El Pueblo Road, Scotts Valley, California 95066, USA and firstname.lastname@example.org or on + 00 1 (888)786-9376.
Zero Motorcycles welcomes feedback, questions and comments about its Products, services and this Website. As a general policy, Zero Motorcycles does not accept or consider creative materials or ideas for Products or services through this Website other than those we specifically request. If you send any communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) to this Website by e-mail or otherwise such communications and other materials will be and shall remain the sole and exclusive property of Zero Motorcycles and may be used by Zero Motorcycles for any purpose whatsoever, commercial or otherwise, without compensation to you. To the extent that the intellectual property rights in such communications and other materials do not vest automatically in Zero Motorcycles, you hereby assign to Zero Motorcycles with full title guarantee, all present and future intellectual property rights in any such communications and other materials you send to Zero Motorcycles, for the full period thereof, including any renewals and extensions.
Children Under 13
Zero Motorcycles does not knowingly collect personally identifiable information from children under 13. If Zero Motorcycles learns it has collected any personal information from a child under the age of 13 without verification of parental consent, Zero Motorcycles will delete that information from its database as quickly as reasonably possible.
This Website and all content contained on this Website, including all names, logos, graphics, artwork, photographs and text, copyrights, graphics, videos, service marks, and trademarks (“Information”) are the exclusive property of Zero Motorcycles or its licensors. You are permitted to download, print, store temporarily, retrieve and display on a computer screen Information, and to print individual pages of the Website on paper (but not photocopy them) and to store such pages in electronic form on disk for your personal use or for internal use within your organisation only. Otherwise, you may not do anything else with such Information, including, without limitation, copying, reproducing, republishing, downloading, posting, broadcasting, distributing, commercially exploiting, transmitting, or modifying or otherwise using in any way any part of the Information or Website without the express prior written consent of Zero Motorcycles. You further agree not to (except as permitted by law) reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the Website or act in any way to damage, disable or impair the operation of the Website or attempt to gain unauthorized access to the Website. If you do so you may be subject to legal liability. Zero Motorcycles will, in its sole discretion, take all appropriate legal action and recourse for such violations.
Your use of the Website
You agree not to use the Website in any way that may lead to an encouragement, procurement or carrying out of any criminal or otherwise unlawful activity. You agree not to subject the Information and/or the Website to any derogatory treatment or use them in such a way that would bring Zero Motorcycles into disrepute, or cause Zero Motorcycles to incur liability to any third party. You are solely responsible for adequate protection and backup of your data and for the equipment used to access the Website.
You undertake to comply with all restrictions on your use of the Website as set out in these Terms and Conditions.
You may place an order for a Product or Products on the Website at any time (subject to any planned or unplanned periodic downtime). Your order represents an offer to Zero Motorcycles to purchase a Product. Your receipt of an electronic or other form of order confirmation from Zero Motorcycles does not signify Zero Motorcycles’ acceptance of your order, nor does it constitute confirmation of Zero Motorcycles’ offer to sell. Zero Motorcycles reserves the right at any time after receipt of your order up until the Product is dispatched to accept or decline your order for any reason. Zero Motorcycles reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. Zero Motorcycles may require additional verifications or information before accepting any order.
Payments and Disputed Payments
Zero Motorcycles does not accept checks, drafts, or money orders for orders submitted through the Website. Zero Motorcycles accepts major credit cards and other methods of payments as posted on Zero Motorcycles’ Website. Upon placing an order for Products, Zero Motorcycles may request an initial deposit, with the final balance due upon shipment. Your initial deposit is fully refundable up to one week before shipment if you cancel your order. Zero Motorcycles will phone or email you to receive payment information before shipping. You will bear all costs associated with a disputed credit card charge which results in an action from Zero Motorcycles merchant account provider, otherwise known as “chargebacks”.
Pricing and Shipping
Prices offered on the Website are quoted in British Pounds Sterling or Euros. Such prices do not include shipping and handling, expedited service, or sales taxes (or VAT), if applicable, which will be added to your total invoice price. You are responsible for any shipping handling and delivery charges and for any fees and taxes, such as sales tax (or VAT), that may apply to your purchase of products from Zero Motorcycles.
If any content on the Website contains incorrect information, or a Product is listed at an incorrect price, due to typographical errors or an error in pricing information, Zero Motorcycles shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, whether or not the order has been confirmed and payment taken. If payment has already been taken for the purchase and your order is cancelled, Zero Motorcycles shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively Zero Motorcycles will give you the option of reconfirming your order at the correct price.
Once you place an order, Zero Motorcycles will send you a personalised email within two business days and provide you with an order confirmation number. When your order is shipped, Zero Motorcycles will send you a shipment confirmation email with the shipping carrier tracking number, if available. Your offer to purchase a Product is accepted by Zero Motorcycles when you receive a shipment confirmation email. By placing an order with Zero Motorcycles, you consent to receive emails from Zero Motorcycles regarding your order. You can always contact Zero Motorcycles at 380 El Pueblo Road, Scotts Valley, California 95066, USA or email@example.com or on + 00 1 (888)786-9376, if you have any questions concerning your order Zero Motorcycles.
Delivery dates are approximate and are dependent upon (1) receipt of all your information necessary to process the order, (2) your compliance with all of the payment terms, and (3) your compliance with any terms, obligations, covenant or condition of these Terms and Conditions.
Unless you have viewed the Product at one of our showrooms, you may cancel the contract and return any Product purchased through the Website at any time up to seven business days from the day after the day on which you received the Product and we will refund the purchase price for the Product, less any charges incurred by Zero Motorcycles in relation to the return of the Product. You may not return any products that are made to your specification or personalised for you.
Operation, Registration, and Licence
You are responsible for registering and operating the Products (including obtaining a driving licence) in accordance with any laws and regulations that apply to the Products. Zero Motorcycles makes no representations that its Products are legal for operation in any country in which you purchase and/or use such Products.
You must not purchase or use any Product for which you are not over the legal age to use such Product. You must not purchase any Product on behalf of another person who is not above the legal age to use such Product.
You must inspect all Products before using them and you take full responsibility for ensuring that the Product is in good working order and safe to use. You further understand that you are responsible for damage to the Product. In relation to electric motorcycle Products, you understand the nature of riding an electric motorcycle and related activities and acknowledge that you are qualified to operate such Products, and are in proper physical condition to participate in such activity. You agree to assume all risks when allowing others to operate such Products. If you are not familiar with the nature of riding an electric motorcycle, you should seek professional training before operating an electric motorcycle.
If a Product you have purchased requires you to have a driving or other licence in order to use such Product, you must obtain such a licence before using such Product. You are responsible for ensuring that you hold a valid, current version of any such licence.
WARNING: Riding an electric motorcycle off road or on road involve the risks and dangers of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by the rider’s own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to you, not readily foreseeable, and you fully accept and assume responsibility for all such risks, losses, costs, and damages incurred as a result of your participation in riding an electric motorcycle.
Zero Motorcycles has made every effort to display the items featured on this Website as accurately as possible. Please note, however, that the colours Zero Motorcycles use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect the colours actually seen on the screen. The Website cannot be responsible for the limitations of your monitor’s display of any colour or detail.
Unless a different warranty is stated on the Website for a specific Product or is affixed to the Products by Zero Motorcycles or Zero Motorcycles’ manufacturer, or is specified in writing in any maintenance or operating instructions pertaining to the Products, Zero Motorcycles warrants that all Products sold by Zero Motorcycles to you will be free from defects in materials and workmanship. THIS WARRANTY SHALL EXPIRE TWELVE (12) MONTHS AFTER THE DATE ON WHICH SUCH PRODUCTS (EXCLUDING REPAIRED OR REPLACEMENT PRODUCTS FURNISHED PURSUANT TO THIS WARRANTY) ARE SHIPPED BY ZERO MOTORCYCLES TO YOU, THE INITIAL PURCHASER. TO THE GREATEST EXTENT PERMISSABLE BY APPLICABLE LAW, THERE ARE NO OTHER WARRANTIES RELATING TO THE WEBSITE OR PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WHICH EXTEND BEYOND THE ABOVE DESCRIPTION. ADDITIONALLY, YOU ACKNOWLEDGE THAT ZERO MOTORCYCLES’ GENERAL LITERATURE AND PRODUCT INFORMATION DOES NOT CONSTITUTE WARRANTIES OF PERFORMANCE OR QUALITY AND THAT BEFORE ENTERING INTO A CONTRACT OF SALE, YOU HAVE EXAMINED OR REFUSED TO EXAMINE THE PRODUCTS DESCRIBED OR SAMPLES OR MODELS OF EACH AS FULLY AS DESIRED AND THAT THERE IS NO IMPLIED WARRANTY WITH REGARD TO ANY CONDITION OR DEFECT WHICH AN EXAMINATION OUGHT TO REVEAL.
Zero Motorcycles shall, at its sole discretion, repair, replace or update, free of charge, or refund the purchase price paid for any Product which is defective under the terms of the foregoing warranty, provided that you (1) promptly notify Zero Motorcycles in writing of such defect, and (2) furnish to Zero Motorcycles satisfactory proof thereof, and (3) establish that the Product has been properly stored, assembled, installed, serviced, maintained, operated, and used within the limits of rated capacity and normal usage, and in accordance with current operating and maintenance instructions furnished by Zero Motorcycles, and (4) establish that the Product has not been altered or modified in any manner without Zero Motorcycles’ prior written consent, and (5) if requested by Zero Motorcycles, return the defective Product to Zero Motorcycles and pay all expenses incurred in connection with such return.
THE FOREGOING OBLIGATION TO REPAIR, REPLACE, UPDATE OR REFUND THE PURCHASE PRICE PAID FOR THE PRODUCTS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS OF THE PRODUCTS FOR THE BREACH OF THE FOREGOING WARRANTY. TO THE GREATEST EXTENT PERMISSABLE BY APPLICABLE LAW, ZERO MOTORCYCLES HEREBY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES APPLICABLE TO REPAIRED OR REPLACED PRODUCTS FURNISHED PURSUANT TO THE FOREGOING WARRANTY.
By accessing the Website and/or ordering Products, you agree to defend, indemnify, and hold completely harmless Zero Motorcycles and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including, without limitation, legal costs, arising from or related to your use of the Website, the materials it contains, any websites linked to this Website and/or any Products purchased via this Website. You further agree to indemnify and hold Zero Motorcycles, its subsidiaries and affiliates, and its officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of these Terms and Conditions, or violation of any law or the rights of a third party or due to or arising out of your use of the Website or any Products sold via this Website.
The Products and Information are available in the United States, the UK, France, Germany, Italy and Spain and may not be available elsewhere.
These Terms and Conditions shall be construed in accordance with the laws of the country in which you reside.
All disputes arising from your use of this Website or under these Terms and Conditions shall be resolved in a court located in the country in which you reside, without reference to conflict of laws or choice of laws statutes.
Any translation of these Terms and Conditions is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms and Conditions shall prevail.
Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO PARAGRAPH 25.4, ZERO MOTORCYCLES SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER SUCH DAMAGES WERE FORSEEABLE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF REPUTATION AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS WEBSITE OR THE INFORMATION. IN ADDITION, ZERO MOTORCYCLES HAS NO DUTY TO UPDATE THE WEBSITE, OR THE INFORMATION, AND ZERO MOTORCYCLES SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE THE WEBSITE OR THE INFORMATION. FURTHER, ZERO MOTORCYCLES IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEBSITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS WEBSITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS WEBSITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH ZERO MOTORCYCLES. YOU ACKNOWLEDGE THAT ZERO MOTORCYCLES WILL NOT BE A PARTY TO ANY TRANSACTION OR CONTRACT WITH A THIRD PARTY THAT YOU MAY ENTER INTO AND ZERO MOTORCYCLES SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BY USING THOSE WEBSITES.
The total liability of Zero Motorcycles (including its subcontractors) for any loss, damage, or claim, whether in contract, tort (including negligence and liability without fault), or otherwise, arising out of, connected with, or resulting from an offer of sale or the performance or breach of any contract based upon an offer of sale, or use of any Product based upon an offer of sale shall not in any event exceed the price allocable to the Product which gives rise to the claim, loss or damage. Subject to paragraph 25.4, in no event, whether as a result of breach of contract, warranty, alleged negligence, or liability without fault and regardless of whether Zero Motorcycles has been previously advised of the possibilities of such damages, shall Zero Motorcycles be liable for any indirect, incidental, special or consequential damages, including, without limitation, personal injury, death, property damage, loss of profits or revenue, loss of business, or loss of use of the equipment described herein or any associated equipment, cost of capital, cost of substitute equipment, parts, or labour costs.
Where required by law, nothing in these Terms and Conditions shall exclude or limit zero motorcycle’s liability for death or personal injury caused by Zero Motorcycle’s negligence.
In no event shall Zero Motorcycles be liable for non-delivery or delays in delivery of the Products described herein or for failure or delay in the performance of any other obligations contained herein arising directly or indirectly from acts of God, unforeseeable circumstances, acts (including delays or failure to act) of any governmental authority (de jure or de facto), war (declared or undeclared), riot, revolution, priorities, fires, floods, weather, strikes, labour disputes, sabotage, epidemics, factory shutdowns or alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure labour, manufacturing facilities, or materials, inability due to causes beyond Zero Motorcycles' reasonable control to obtain timely instructions or information from you or causes of any other kind beyond the Zero Motorcycles' control. The foregoing provision shall apply even though such causes may occur after the Zero Motorcycles' performance of its obligations has been delayed for other causes.
Reservation of Rights
Zero Motorcycles, in its sole discretion, reserves the right to take all action or inaction as allowed by law including suspending or terminating your access to the Website with immediate effect.
You agree that Zero Motorcycles may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
Entire Agreement and Interpretation
These Terms and Conditions constitute the entire agreement between you and Zero Motorcycles with respect to your use of the Website. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Website except as set forth in these Terms and Conditions, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used in these Terms and Conditions are for convenience only and shall not have any legal meaning.
If any provision of these Terms and Conditions is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision shall be severed and deleted from these Terms and Conditions without further action by the parties to the extent necessary to make such provision valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.