Acceptance of These Terms. You (“Customer”) may place orders for Products with ECELLS INC., doing business as E-CELLS or ECELLS via our website ecells.com or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by ECELLS to Customer. By placing an order for our Products, you consent to these Terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. Unless expressly agreed to in writing by ECELLS, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever. ECELLS’ right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.
- Orders. All orders are subject to ECELLS acceptance. This means that ECELLS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you choose to purchase a product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by ECELLS). You agree to pay all fees and other charges incurred in connection with your username and password for your ECELLS account. If your credit card has already been charged for an order that is later cancelled, ECELLS will issue you a refund.
- Price. All prices are subject to change and exclude tax and shipping unless otherwise stated.
- Taxes. The prices quoted for the Products sold hereunder do not include any foreign, federal, state or local sales, use, value-added, excise, gross receipts or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). Customer shall pay, and reimburse ECELLS if it pays, any Taxes, except for those based on ECELLS income. If ECELLS is required by any governmental authority or agency to collect and pay any Taxes on Customer’s behalf, ECELLS may invoice Customer for such amounts including any interest or penalty assessed thereon.
- Payment. All orders must be paid in full prior to shipment. ECELLS accepts American Express, Discover, MasterCard, and Visa. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.
- Delivery and Risk of Loss. All orders must be prepaid with shipping costs from ECELLS’ facility. Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Although ECELLS is authorized to make shipping arrangements on Customer’s behalf and except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products.
- For international shipments: E-Cells will only ship within the United States Customer shall be responsible for obtaining and maintaining, at its cost, all legally required approvals, licenses, permits, registrations, certifications and other documents relating to the importation of the Products, and Customer shall be responsible for all costs and expenses relating to the Products’ transit across another country’s border. Notwithstanding anything in these Terms to the contrary, any timeframe provided by ECELLS is a good faith estimate of the expected delivery date. ECELLS will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall be liable for any damages associated with ECELLS inability to meet any such time frames or deadlines.
- Under no circumstances shall Ecells warranty any bike that has been shipped out of the United States.
- Returns. Except as otherwise provided herein, Customer may not cancel an accepted order without ECELLS’ prior written consent, which it may withhold in its sole discretion. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax, and if customer has used a credit card for payment, ECELLS shall retain the processing fee’s from the refund amount, less the shipping expenses and costs to re-box the returned shipment Customer shall arrange for and pay return shipping expenses. The Product(s) must be returned to ECELLS within thirty days of purchase to:
ECELL’S Store Returns 281 S. WOODCHIPS RD, PAHRUMP, NV 89048
- Product Changes. ECELLS may make any change in the design of or specifications for, or in the way it manufactures or produces any Product if such changes are necessary or desirable to improve the safety or performance of such Product. Further, ECELLS may furnish suitable substitute Products or components for Products or components which are unobtainable by ECELLS because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Customer MAY NOT make any changes in the designs or specifications for the Products unless ECELLS approves of such changes in writing, in which event ECELLS may impose additional charges to implement such changes.
- Limited Warranty. Subject to the following limitations, terms, and conditions, ECELLS warrants to the original purchaser of each Product, except helmets, that such Products when purchased new, are free of defects in materials and workmanship. This limited warranty may be exercised for a period of up to one year from the date of purchase. This limited warranty does not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse. Consult your owner’s manual for your product warranty.
Except as expressly set forth above, ECELLS disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. ECELLS responsibility for warranty claims is limited to, at ECELLS sole discretion, reimbursement of the original purchase price or replacement of the product with the same or similar product. notwithstanding Anything in THESE TERMS to the contrary, ECELLS SHALL NOT be responsible or held liable for punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product or business interruption however the same may be caused, including fault or negligence of ECELLS.
In order to exercise rights under this limited warranty, Customer must return the affected Product to with proof of purchase (original invoice or credit card statement) to: ECELLS, 281 S. WOODCHIPS RD, PAHRUMP, NV 89048
Customer must pay costs of return shipment. ECELLS reserves the right to modify this limited warranty at any time, in its sole discretion.
- Applicable Law/Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that he or she is buying the Product(s) for his or her own use and not for resale. Customer agrees that these Terms were entered in the State of Nevada, and that any dispute arising hereunder shall be decided in accordance with its laws. Customer agrees not to offer new products for resale without express written approval from ECELLS.
- Reservation. ECELLS reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
- Dispute Resolution. Customer and ECELLS agree to waive their right to trial by jury, and to have all disputes resolved by binding arbitration in Nye County, Nevada. Customer and ECELLS agree that any decision of the arbitrator shall be final, and in accordance with Nevada law. Further, it is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Customer stipulates to in personam jurisdiction in Nevada and agrees to accept service of process by registered or certified mail.
- Entire Agreement. These Terms constitute the entire and only agreement between ECELLS and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
- Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.
- Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.
Effective May 1, 2019 This agreement supersedes any and all previous policies by ECELLS INC
1.2. NOTICE CONCERNING CHILDREN
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age pursuant to the Children’s Online Privacy Protection Act of 1998.
- INFORMATION COLLECTION PRACTICES
2.1. WHAT BASIC INFORMATION DOES THE COMPANY COLLECT?
In operating the Site, we collect personal information from you in a couple different situations. The first is if you should contact us via the “contact” page. In doing so, you will provide us with your name and email address. The second is if you leave a comment to a blog post during which you may be asked for a name and other information. You are not required to provide us with information via these two methods to use and enjoy the Site.
2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(c) SPONSORS AND ADVERTISERS. We may decide to accept sponsorship and advertisements on the Site. Should this occur, you should assume said sponsors and advertisers will be given access to the impressions and click data on their marketing pieces. Your personally identifiable information will never be revealed to them by us.
- USE AND SHARING OF INFORMATION
3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?
(a) PERSONAL INFORMATION. We do not disclose the personally identifiable information to any third parties other than those that we use to facilitate the functioning of the site such as a hosting company and email program for mailings.
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose any information we have for you if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of the Site or our company, including the information collected through this Site. If Company or substantially all its assets are acquired by a third party, user information will be one of the assets transferred to the acquirer.
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss to you or to any third party arising out of any such loss, misuse, or alteration.
- WEBSITE AREAS BEYOND COMPANY’S CONTROL
5.1. THIRD PARTY WEBSITES
- CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US
If you have any questions about this Policy or our practices related to this Site, please feel contact us using the “Contact” link on the menu located at the top of the site.
6.2. UPDATES AND CHANGES
When to Expect Your Order
In most cases your order will ship from one of our warehouses within 24 – 48hrs from the date we receive your order. This excludes holidays and weekends. Your order should deliver within 1 to 7 business days. (The transit time begins from the first full business ship day after the package leaves our facility.) ECELLS INC does not assume responsibility for delays during deliveries out of our control such as weather and transportation with the shipping carrier.
For detailed information on your delivery date, please contact customer service at email@example.com or by calling 702-960-2015
Shipping Methods and Carriers
We use a variety of carriers and will choose the most appropriate delivery method for your desired shipping address. When you select One-Day or Two-Day Shipping there will be additional charges to have your items delivered to you within the promised time frame.
When you receive your order, please check the packaging. If the box shows signs of damage, you must state and sign for as damaged. Please let us know the same day if goods are received damaged or there are missing items from your delivery. All claims for freight damage, shortages and/or any other discrepancies must be made in writing with supporting photos and sent to firstname.lastname@example.org within 48 hours of delivery. If a claim is not made within 48 hours of delivery, we are not liable for any damage