PD International Inc.
Demon Electric Division
Consumer Purchase Terms and Conditions
Last updated Sep 18, 2020
These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Demon Electric, a Toronto limited liability company (“DEB”, “us” or “we”), and apply to all consumer purchases by you of any model of DEB's electric bikes (“ebike(s)”) and/or related accessories or other products offered by DEB (collectively with ebikes, the “Products”) in Canada only. Purchases in the United States and the European Union must be made through our respective United States or European website, as applicable, and are subject to the applicable Terms and Conditions contained on such website. By purchasing any Products from DEB, whether online or at our showroom, 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.
- APPLICATION. These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with DEB are subject to other agreements, including the:
- Limited Warranty Terms
- Privacy Notice
- 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 our website.
- EBIKE ONLINE OR IN-STORE ORDERS. In the event you are purchasing an ebike by ordering online or in a DEB dealer retail store (as opposed to a direct purchase in store of in-stock item) your order of an ebike is an offer to buy. DEB will send you an email confirming our receipt of your order. DEB has accepted your order upon shipment of the ebike. 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.
- SHIPPING. Ebikes shipped within Canada (except to the Yukon Territory, Northwest Territories, and Nunavut) qualify for free shipping. Palletized freight orders are subject to additional fees and orders of only accessories, parts or other Products that are not ebikes will be subject to applicable shipping fees. We are currently only shipping to Canada. Please visit our United States or European websites for orders to those respective areas. We are currently not shipping to Yukon Territory, Northwest Territories, and Nunavut. Please contact us directly at email@example.com for servicing options to these territories.
- A shipping confirmation email will be sent to the email address attached to the order once the order has shipped.
- We will use FedEx or other parcel service to ship your order, at our discretion. We DO NOT ship to PO Boxes, General Delivery addresses or APO.
- Orders containing discounted merchandise may take an additional 48 hours to process.
- For all international orders, you must place the order via our United States or European website, as applicable, and all such purchases shall be governed by the respective Terms of Purchase located on such website. You are solely responsible for ensuring you comply with all applicable local/state/provincial/federal regulations concerning the import and use of electric bicycles. Acceptance of orders outside of Canada shall be in DEB's sole discretion.
- 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 ebike and replacement items and/or refunds if any issues occur.
- 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.
- 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 insurance. 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 in to by reference and form a part of these Terms.
- For any third-party shipping outside of DEB's normal shipping process, DEB will not provide ANY additional shipping information or documentation.
- Orders placed through our online store (www.demonelectric.ca) with the shipping address of a DEB retail location will be canceled. To purchase Products in store please locate a DEB retail showroom near you.
Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time DEB delivers such Products to the applicable shipping carrier.
Notwithstanding the foregoing, if we have not received payment in full for the Products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the Products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the Products, for any reason.
RETURNS POLICY. In order to undertake a valid return, you must obtain written approval for such return from DEB, which can be obtained by completing a request form or by contacting DEB at firstname.lastname@example.org. Any Products sent back to DEB by you without the written consent of DEB shall be rejected and returned to you at your cost.
- Purchased Products that have not yet shipped may be cancelled for a full refund.
- Ebike Returns. To return an ebike that is not defective or damaged, you must contact DEB within fourteen (14) days of your receipt of the ebike. The ebike must be unused, free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received the ebike. If the ebike is found to be used, not defective or not damaged, you will be responsible for paying a CDN$200 shipping fee and a twenty-five percent (25%) restocking fee (which shall all be withheld from your refund)
- Pre-Orders and Backorders and Pre-Order/Backorder Cancellations. Our backorder process is for ebikes that have already been available but are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship.
- Accessory and Replacement Parts. Any purchase of accessories or receipt of a replacement part under the Limited Warranty shall be eligible for return within thirty (30) days of receipt. Any returned accessory or replacement part must be unused, free of any wear and tear, dirt, dust fragrance, or any other signs of use and must be sealed and unopened in the same packaging and condition in which you received it. If the product is found to be used, not defective or not damaged you will be responsible for paying for shipping both ways and a twenty-five percent (25%) restocking fee.
- Non-returnable/non-refundable Items. Used Products, all merchandise, batteries, special orders, sale items, gift cards and gifted orders shall not be returnable under any circumstances except in EXTREME cases of breakage/malfunction covered by our warranty, and then only after receipt of our approval for the return. “Built & Delivered” fees are non-refundable.
- We do not offer exchanges inside Canada; however, you can receive a refund or store credit so that you can replace the order with the item you prefer.
- Any item returned with an order that used a 2xEbikeCombo, 3xEbikeCombo, or 4xEbikeCombo code, will have the entire discount code value subtracted from the refund value, whether you return one ebike or multiple ebikes.
- Refunds will be made after the ebike is received and inspected. The inspection process will typically take about one (1) week once the bike is received. Once the entire inspection is completed, refunds will typically be processed in about two (2) business days.
- Please send all approved returns to: PD International c/o Demon Electric Returns- [Your Order #] Unit-A, 310 Steelcase Rd E, Markham, ON, L3T 1S6.
EBIKE 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.
- Street Legality. All of our ebikes as manufactured are street legal in accordance with the federal laws of Canada. It is your responsibility to be aware of specific local restrictions on the use or operation of the ebike in your community, which may be more restrictive than the federal laws of Canada.
- Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void the Warranty and shall be at your sole risk of harm.
- PAYMENTS. Our website is powered by Shopify and all payments made by you to DEB are processed through Shopify’s payment portal. Payments may be declined or returned to you, in DEB's 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 DEB, 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.
- All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
- For qualified purchasers, ebikes may be financed through DEB's consumer financing partners. The necessary qualifications for financing an ebike 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 purchase, and you hereby acknowledge that DEB is no way responsible for any such financing.
- DISCLAIMER OF IMPLIED WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY DEB, 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. DEB 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, DEB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
- 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: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (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.
- DISCLAIMER OF CERTAIN DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEB OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF DEB, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 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, 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 DEB. You agree to release, waive, defend, indemnify, and hold DEB and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. DEB 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 DEB in asserting any available defenses.
- Governing Law.
THIS GOVERNING LAW CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
These Terms and any disputes between you and DEB will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws.
- Dispute Resolution and Binding Arbitration.
THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
Where permitted by applicable law, all disputes, controversies or claims arising out of or in connection with or in relation to these Terms or the breach thereof, including any and all disputes, claims or question regarding: (a) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms; (b) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of these Terms; or (c) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of a Product, will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the Domestic Commercial Arbitration Rules of Procedures (if you are a Canadian customer) or the International Commercial Arbitration Rules of Procedure (if you are a customer located outside of Canada) of the British Columbia International Commercial Arbitration Centre then in force (respectively, the “Arbitration Rules”). A single arbitrator will be appointed by agreement of the parties, or, if in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be held in Vancouver, British Columbia and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s’ fees and disbursements and arbitrator fees and expenses. Any award and the determination of such arbitrator will be final and binding upon you and DEB. A judgment on the award of the arbitrator may be entered into any court having jurisdiction of the party or parties against whom an award may be issued and each of you and DEB agrees to and hereby waives any defenses against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms.
- NOTICE AND UPDATES. DEB will provide all notices (including legal process) that DEB is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to DEB. You acknowledge that if you do not provide DEB with current and accurate contact information, DEB may not be able to contact you. You agree to send DEB notice by mailing it to: PD International Legal Department - Unit A, 310 Steelcase Rd E, Markham, ON, L3T1S6.
- GENERAL. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” DEB's failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on DEB if it is in a written document signed by DEB. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and DEB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and DEB agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. DEB may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of DEB's successors and assigns. DEB shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and DEB with respect to the Site. Both you and DEB warrant to each other that, in entering this agreement, neither DEB nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and DEB, or DEB's successors and assigns, will have any right to enforce these Terms.
- Values & Respect: We pride ourselves on being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something may have gone wrong or there is an issue (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after that we do reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion. If this decision is made it is final and cannot be undone.
- HOW TO CONTACT DEB.If you have any questions or comments regarding these Terms, you may contact DEB by any of the methods available on our website at www.demonelectric.com or by mail at email@example.com
TEXT MARKETING NOTIFICATIONSBy subscribing to DEB text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.