Segway Hawaiian LLC

Last updated July 2023

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Segway Hawaiian LLC and apply to all consumer purchases by you of any model of electric bikes (“ebike(s)”) and/or related accessories or other products offered by Segway Hawaiian LLC (collectively with ebikes, electric scooters, electric mopeds, and electric motorcycles and e-dirt-bikes and segways the “Products”) in the United States only. By purchasing any Products from Segway Hawaiian LLC , 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, electric kick scooters, electric mopeds, and electric motorcycles and electric edirtbikes and Segways Other interactions that you have with Segway Hawaiian LLC are subject to other agreements.

1. 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 the manufacturers website.

2. EBIKE ONLINE OR IN-STORE ORDERS

In the event you are purchasing our products such as: Ebikes, electric kick scooters, electric motorcycles, and electric mopeds and segways

1. (i) by ordering online,
2. (ii) in the Segway of Hawaii showrooms

Segway Hawaiian LLC will send you an email confirming our receipt of your order. Segway Hawaiian LLC has accepted your order upon shipment of your order. 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. From time to time, in its sole discretion, Segway Hawaiian LLC 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 Segway Hawaiian LLC reserves the right to end or pause all such offers, codes, or programs at any time.

SHIPPING

We are currently shipping across the state of Hawaii, and the rest of the U.S.A

1. A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
2. We will use FedEx or other parcel service such as young brothers, aloha air cargo, to ship your order. We DO NOT ship to PO BOXES or APO.
3. Orders containing discounted merchandise may take an additional forty-eight (48) hours or longer to process.
4. 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 order, you must do so prior to your order being shipped.
5. 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.
6. 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. 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.

RETURNS & CANCELLATIONS POLICY

In order to undertake a valid return, you must obtain written approval for such return from Segway Hawaiian LLC, which can be obtained by completing the request form provided by our customer service department. Any Products sent back to Segway Hawaiian LLC by you without the written consent of Segway Hawaiian LLC shall be rejected and returned to you at your cost. All Sales are final otherwise.

1. A cancellation is subject to a 50% restocking fee (for pre-orders as well as in-stock items that have not been shipped).

EBIKE / ElECTRIC KICK SCOOTER AND EMOTORYCLE AND EMOPED 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. Segway of Hawaii reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet Segway of Hawaii's strict standards).

1. Alteration. Any alterations, modifications, or other changes made by you to our products we sell such as a ebike, electric moped, electric kick scooter, electric motorcycle, or e-dirtbike following your purchase which affect the safety, operation, or mechanics of the ebike, electric moped, electric kick scooter, electric motorcycle, or e-dirtbike shall void the Limited Warranty and shall be at your sole risk of harm.

9. PAYMENTS

Our website is powered by Shopify and all payments made by you to Segway Hawaiian LLC are processed through Shopify’s payment portal. Payments may be declined or returned to you, in Segway Hawaiian LLC 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 Segway Hawaiian LLC, 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, ebike, electric moped, electric kick scooter, electric motorcycle, or e-dirtbike and segways be financed through Segway Hawaiian LLC consumer financing partners. The necessary qualifications for financing an ebike, electric moped, electric kick scooter, electric motorcycle, or e-dirtbike 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, electric moped, electric kick scooter, electric motorcycle, or e-dirtbike purchase, and you hereby acknowledge that Segway Hawaiian LLC is in no way responsible for any such financing.

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.

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, electric kick scooters, electric mopeds, electric motorcycles, edirtbikes, and segways 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 Segway Hawaiian LLC. You agree to release, waive, defend, indemnify, and hold Segway Hawaiian LLC 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.

Segway Hawaiian LLC 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 Segway Hawaiian LLC in asserting any available defenses. ACKNOWLEDGEMENT AND INDEMNIFICATION

HOW TO CONTACT SEGWAY OF HAWAII

If you have any questions or comments regarding these Terms, you may contact Segway Hawaiian LLC by any of the methods available on our website at www.segwayofhawaii.com or by mail at the following address:

670 Auahi street Honolulu hi 96813; ATTN: Legal Department

DISCLAIMER OF IMPLIED WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY ONYX, 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. ONYX 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, ONYX, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: