These Terms and Conditions (“Terms”) govern the use of the websites, mobile applications, and other online services (collectively, the “Services”) provided by Elops® Bike, Backpack, Electric Bike, City Bike, Pannier Bag (“Elops,” “we,” “our,” or “us”).
Please read these Terms carefully before using our Services. By accessing or using any part of our Services, you agree you have read, understand, and agree to be bound by these Terms. If you do not agree, you may not use our Services.
1. Use of Our Services
Account Registration: You may browse our Services without registering for an account. However, to make purchases, access certain features or areas of the Services, you must register for an account. When you register, you agree to provide accurate and complete information about yourself, and to promptly update such information. You are solely responsible for activity that occurs under your account.
Ordering Products: By placing an order on our Services, you warrant you are legally capable of entering into contracts. Your order constitutes an offer to Elops to purchase a product, which is subject to acceptance by us. We may choose not to accept any order in our sole discretion.
Compliance with Laws: You agree to use our Services in compliance with applicable laws. You may not use our Services for any illegal purpose. We reserve the right to refuse service to anyone for any reason at any time.
Intellectual Property: All content and materials on the Services, including text, images, trademarks, service marks, trade names, logos, and icons, are proprietary to Elops or its content suppliers and licensors. Elops grants you a limited license to access and use the Services for your personal use only.
Modifications to Services: We reserve the right to modify or discontinue all or part of our Services with or without notice to you. Elops will not be liable for any modifications, suspension, or termination of the Services.
2. Website Content & User Submissions
The content on our Services is for informational purposes only. We make no representations about the accuracy, completeness, or suitability of any information on our Services. Elops disclaims any liability for errors, omissions, or inaccuracies.
Any user content, comments, or other submissions you make to our Services are non-confidential. By providing submissions, you grant Elops an irrevocable, royalty-free, worldwide license to publish, reproduce, modify, perform, display, distribute, translate, excerpt, analyze, and use them in any manner without compensation to you.
You warrant you have proper rights to make any submissions. You are solely responsible for your submissions, and agree not to provide content that is unlawful, defamatory, threatening, obscene, harassing, deceptive, fraudulent, discriminatory, invasive of privacy or publicity rights, contains viruses or malicious code, or is otherwise inappropriate as determined by Elops in its discretion.
Elops does not endorse or control user submissions appearing on its Services. Elops makes no guarantee regarding the accuracy, currency, suitability, or quality of any user-generated content.
3. Privacy Policy
Please refer to our Privacy Policy to understand how we collect, use, and disclose information about you. By using our Services, you consent to the collection, use, disclosure, and procedures outlines in that policy.
4. DMCA Copyright Policy
Elops respects others’ intellectual property rights. Upon proper notice, we will promptly remove content that violates applicable copyright and other intellectual property laws. Per our DMCA Policy, to submit a copyright infringement notice, you must provide:
- Identification of the copyrighted work claimed to be infringed. Multiple works may not be combined in one notice.
- Identification of the infringing content including a description of where it is located on our Services. Your description must be reasonably sufficient to enable us to find the alleged infringing content.
- Your contact information including full name, mailing address, phone number, and email address.
- A statement you have a good faith belief the disputed use is unauthorized or not permitted under law.
- A statement made under penalty of perjury that the information provided in your notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
- Your physical or electronic signature.
Elops will terminate repeat infringers when appropriate. If you repeatedly make erroneous or bad faith allegations of infringement, we reserve the right to terminate your usage of Services.
5. Disclaimers and Limitation of Liability
No Warranties: Our Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Elops expressly disclaims all warranties of any kind related to the Services, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Elops makes no warranties that (i) the Services will meet your requirements or expectations; (ii) the Services will be available on an uninterrupted, timely, secure, or error-free basis; (iii) information obtained through the Services will be accurate or reliable; or (iv) any errors in the technology will be corrected.
Exclusion of Damages: In no event will Elops be liable for any direct, indirect, incidental, punitive, or consequential damages arising out of or in any way related to the use of the Services. Some jurisdictions prohibit the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Release and Indemnification: You hereby release, waive, discharge, and covenant not to sue Elops for any claims related to any injuries, damages, or losses arising out of or in connection with your use of the Services. You agree to defend, indemnify, and hold Elops harmless from all claims, liabilities, and expenses that may arise from your use of the Services or any submitted content.
6. Governing Law and Dispute Resolution
These Terms are governed in all respects by the substantive laws of the United Kingdom without regard to conflict of law provisions. If a dispute arises between you and Elops, we strongly encourage you to first contact us directly to seek resolution by going to www.elopsbike.co.uk/contact.
Binding Arbitration: If we cannot resolve a dispute informally, you and Elops agree to resolve any claim or controversy at law or equity that arises out of the Terms by binding arbitration administered by the UK Court of Arbitration under its rules and procedures. Before arbitration begins, you must first send a letter describing your claims and allowing us thirty (30) days to resolve it informally. You and Elops agree to waive the right to participate in class actions, class arbitrations, or representative actions.
Small Claims Court Option: As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your claim in your local “small claims” court so long as the claim is pending only in that court.
Opt-Out Right: You have the right to opt out of binding arbitration and the waiver of class action rights by sending written notice to Elops at the following address within thirty (30) days of first accepting these Terms:
Elops® Bike, Backpack, Electric Bike, City Bike, Pannier Bag
Attn: Legal Dept.
123 Elops Lane
London, UK E1 5L0
7. Additional Terms
Entire Agreement: These Terms constitute the entire agreement between you and Elops regarding their subject matter and supersede any prior agreements.
No Assignment: You may not assign, transfer, or sublicense these Terms or your rights and obligations under them without our written consent. Elops may freely assign these Terms.
No Waivers: Any failure by Elops to enforce strict performance of any provision of the Terms will not constitute a waiver of that right or provision.
Severability: If any provision of these Terms is invalid, illegal, or unenforceable, the remaining provisions will remain valid and enforceable.
Contact Us: If you have any questions about these Terms, please email us at [email protected].
Effective Date: March 1, 2023
