Terms of Use

Effective date: August 15, 2020

Your privacy is important to us and we have prepared this privacy policy to explain to you these terms of Use (the “Terms of Use”) govern your use of all web sites operated by Electric Avenue Bikes Ltd, including, without limitation, the web site currently located electricavenue-bikes.ie/ (collectively, the “Site”), provided for your informational, educational and entertainment purposes. Please read these Terms of Use carefully. These Terms of Use constitute a binding agreement between you and Electric Avenue Bikes Ltd regarding your use of the Site. By using the Site, you agree to be bound by these Terms of Use and the Electric Avenue Bikes Ltd privacy policy. If you do not agree to any provision of these agreements, you may not use the site.

1. Terms of Use Changes: Electric Avenue Bikes Ltd may, in its sole and absolute discretion, change these terms of use from time to time. Electric Avenue Bikes Ltd will post a copy of these terms of use as changed on the site at electricavenue-bikes.ie/ You continued use of the site constitutes your agreement to abide by these terms of use as changed. If you object to any such changes, your sole recourse shall be to cease using the site.
2. ownership content on the site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Electric Avenue Bikes Ltd Content”), and the Electric Avenue Bikes Ltd word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, “Marks”), are owned by or licensed to Electric Avenue Bikes Ltd and are subject to copyright, trademark and other intellectual property rights.
3. You agree that Electric Avenue Bikes Ltd may use any information Electric Avenue Bikes Ltd obtains about you in accordance with the provisions of the Basic Privacy Policy electricavenue-bikes.ie/.
4. Electric Avenue Bikes Ltd reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. Electric Avenue Bikes Ltd may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. Electric Avenue Bikes Ltd reserves the right to cancel, any order if fraud is suspected. Electric Avenue Bikes Ltd captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If an order is suspected to be fraudulent, Electric Avenue Bikes Ltd reserves the right but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. Electric Avenue Bikes Ltd reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
5. Links to Other Web Sites: The site may contain links to third-party web sites or internet resources that are not owned or controlled by Electric Avenue Bikes Ltd. Electric Avenue Bikes Ltd’s provision of a link to any other web site or internet resource is for your convenience only and does not signify Electric Avenue Bikes Ltd’s endorsement of such other web site or resource or its contents. Electric Avenue Bikes Ltd shall not be responsible for the availability of any third-party web sites or resources, and Electric Avenue Bikes Ltd does not warrant, endorse guarantee or assume responsibility for any content, information, software, materials or practices of any such third-party web sites or resources, including, without limitation, any products or services advertised or offered by a third party through the services or through any linked web sites or featured in any advertising.
6. Disclaimer: You expressly agrees that use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Electric Avenue Bikes Ltd expressly disclaims all warranties of any kind, whether express or implied (including, without limitation, implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement), with respect to the site. Without limiting the foregoing and to the maximum extent permitted by law, Electric Avenue Bikes Ltd assumes no liability or responsibility for any: Any interruption of transmission to or from the site; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party; and for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the site.
7. Limitation of liability no event will Electric Avenue Bikes Ltd be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if it was advised of, knew of, or should have known of the possibility of such damages).
8. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Electric Avenue Bikes Ltd may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Electric Avenue Bikes Ltd’ liability shall be the minimum permitted under such applicable law.
9. Indemnity: You agree to indemnify, defend, and hold harmless Electric Avenue Bikes Ltd and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns (the “Electric Avenue Bikes Ltd parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to Electric Avenue Bikes Ltd; (b) your use of the Site; or (c) your violation of these Terms of Use. Electric Avenue Bikes Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Electric Avenue Bikes Ltd in asserting any available defences.
10. Force Majeure: Without limiting the foregoing, under no circumstances will Electric Avenue Bikes Ltd be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11. Electric Avenue Bikes Ltd may terminate or suspend access to the site immediately, without prior notice or liability, if you breach any provision of these terms of use. In the event of any such termination, the indemnification provisions set forth above shall survive. 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, the right to engage in discovery except as provided in rules, and the right to certain remedies and forms of relief. Other rights that you or Electric Avenue Bikes Ltd would have in court also may not be available in arbitration.
12. General Provisions: These Terms of Use shall be governed by and construed in accordance with the laws of the UK, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Electric Avenue Bikes Ltd to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, the Electric Avenue Bikes Ltd Privacy Policy electricavenue-bikes.ie together with and any other policies, rules or guidelines posted in connection with the site, constitute the entire and exclusive agreement between Electric Avenue Bikes Ltd and you regarding the site.

Terms & Conditions: Retail Sales

Who are we?

Electric Avenue Bikes Ltd, trading as Electric Avenue is a retail store selling new and used electric bikes from within store and on-line. Electric Avenue also conducts servicing and repairs to bikes. We are a limited company registered in Ireland whose registered office is Units 2&3, M50 Business Park, Ballymount Avenue, Dublin 12. Our company registration number is 659196 and our VAT registration number is IE3652953EH. Our contact details are info@electricavenue-bikes.ie or telephone 015240640.

The following Terms & Conditions (‘Terms’) relate to all sales within store & on-line. Electric Avenue reserves the right to vary these Terms at any time. Any waiver of these Terms between Electric Avenue and the buyer on any occasion shall merely act as a waiver on that occasion and shall not affect the Seller’s right to enforce these Terms & Conditions on any further occasion. These Terms and Conditions do not affect your statutory rights.

Warranties and guarantees

All new goods sold come with a warranty. Frame 3 years, Motor, Battery & Charger 2 years,  Controller 1 year. Pre-owned goods may or may not come with a warranty. All warranties and guarantees are strictly subject to the goods being used for the purpose for which they are commonly intended, without being subjected to misuse.

It is a condition of your warranty that you must present your purchase receipt for any warranty claim. In the case of bicycles, warranties do not include parts which are subject to ‘wear and tear’ such as tyres, brakes, spokes, wheel rims etc. or faults caused by misuse.

Electric bikes must be maintained regularly to keep them in good condition, and the owner is expected to maintain and lubricate moving parts. Regular servicing by a professional cycle mechanic will ensure good performance for many years. This includes extensive rain damage and other weather damage. Electric engines, controllers, and components, whilst designed to be weather and water-resistant, are not waterproof. The warranty may be invalidated if the bike is not kept indoors or undercover.

If the nature of the problem is such that it requires professional attention, you may return the product to us for repair within the warranty period. Goods must be clean and not covered in dirt and oil. If the bike has been in any way tampered with or modified, then this will invalidate the warranty. If an item needs to be returned, then the customer is responsible for getting the item to our premises. This includes meeting the packaging and postage (courier) costs. The customer is fully responsible for ensuring that the goods arrive with us in good condition. Battery warranties do not include misuse of the battery such as not following the manufacturer’s guidelines for charging, discharging, and storing the battery. Any anti-tamper stickers must be intact for any warranty claim.

Range achieved by the bikes is dependent, as with all electric bikes, on rider weight, the type of terrain travelled on, weather conditions, tyre pressures, bicycle and battery maintenance to name but a few. The range noted on the website is an indicated maximum range as advised by the manufacturer. This is based on specific, ideal circumstances and it is noted that the range may vary dependent on, but not limited to, the above contributing factors.

Returns

Online purchase Returns (refunds and exchanges)

If you are unhappy with your item, please let us know. Our Returns Policy gives you 14 days to return or exchange an item bought online or in store with a valid receipt. If 14 days have gone by since your purchase, we cannot offer you a refund or exchange. To be eligible for a refund or exchange, goods must be returned in a re-saleable condition. That means your item must be relatively unused and in the same condition that you received it. The item must be in the original packaging and returned with any accessories, labels and “free gifts” or bonus items. To complete your refund or exchange, we require a receipt or proof of purchase.

Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

But this right is limited to 14 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later).

After the initial 14 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement.

In-store purchase Returns

Faulty items

If an item is being returned within 14 days of purchase date due to a fault, the retailer reserves the right to choose to rectify the fault, exchange the item or offer a refund. Any rectification work must be completed within 14 days of the date of return. If rectification work is not completed within 14 days, the retailer can offer to either exchange the item or offer a refund

If 14 days have gone by since your purchase, we cannot offer you a refund or exchange.

Non-faulty items
We do not accept returns on non-faulty items.

Refunds (if applicable)

If you post a return item back to us, your returned item will be inspected and we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If a refund is accepted, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 calendar days. If you paid for standard delivery of the goods, the cost of standard delivery will also be refunded.

There are certain situations where only partial refunds are granted (if applicable):

1. Any item not in its original condition, which is damaged or missing parts for reasons not due to our error; and
2. Any item that is returned more than 14 days after

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at: email at info@electricavenue-bikes.ie, telephone 015240640, or by post to Electric Avenue Bikes Ltd Units 2&3, M50 Business Park, Ballymount Avenue, Dublin 12 – D12HP11.

Refunds on Sale Items
We do not offer refunds for Sale Items unless they are faulty.

Liability

The owner is responsible for safe and legal use of goods supplied to them, including the minimum age limits for the use of electric bicycles and ensuring that other persons using the products are capable of doing so safely.

We accept no liability for death or personal injury unless caused directly by the negligence of Electric Avenue in circumstances where products have been assembled otherwise than strictly in accordance with the instructions received with the product or where alterations / modifications and/or poor or irregular servicing / maintenance to goods have been made.

Deposits

In all cases, whether taken online or in-store, a deposit is non-returnable. Any deposit paid to Electric Avenue, whether to hold an item already in stock or to order in an item as a special request for a customer, will be retained by Electric Avenue to cover the loss of any potential sale if a customer later decides not to proceed. If an item has been specifically ordered in by Electric Avenue due to a customer order and the customer later cancels, the customer is responsible for any losses incurred by Electric Avenue up to the full value of the item.

Uncollected items / property left on our premises

Items which have been purchased from us can be held in our shop for a limited amount of time, so we ask you to collect items as soon as possible after purchase to minimise the possibility of damage to the item(s). Our premises are small and very busy, and bikes in particular will have to be moved around frequently to make room for us to work. Any damage caused as a result is not our responsibility. The same applies to any personal possessions left at our premises for any reason whatsoever.

Bicycles and any other items left with us for servicing or repair are left at the owner’s risk and we cannot accept liability for any accidental damage which may be caused to them. When you leave your bike with us we will give you an estimated date and time by which it will be ready for collection. We strive to complete all work as quickly as possible, as we have very limited storage space. Once your bike is ready for collection, we will contact you by phone, text or email to inform you, and ask you to collect it. We require you to collect it as soon as possible after that. We will allow you a grace period of one working day, after which we will charge a storage fee of €5 per day until you collect your bike. At the end of one month we reserve the right to sell your property for whatever we can and use this payment towards covering the costs of your repairs and storage. The surplus (if any) will be paid back to you.

Sale items

Sale items are items being offered for sale below the original Recommended Retail Price (RRP). These items include Clearance offers, discounted items and pre-owned items.

Sale price The price of sale items is based on a cash transaction. Unless otherwise agreed the following levies are applied to all sale prices:

• Cycle to Work schemes – add 10%
• One4All Gift Cards & Vouchers – add 10%
• Payment by American Express – add 2%
• Payment by credit card – add 1%
• Payment by debit card – add 0.5%

Jurisdiction

Notwithstanding any rule of contract to the contrary, these Terms and Conditions and any internet sales, contract or agreement arising from them shall be deemed to have been made in Ireland and shall be interpreted in accordance with Irish Law and industry custom and practice. Any disputes in respect of them shall be determined by Irish Courts.

Effective date: August 15, 2020