TERMS OF SERVICE – BONNELL BIKE
Welcome to bonnellbike.com (the “Site”), operated by Bonnell Bike (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, as well as any purchases you make from us.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR PLACING AN ORDER. By accessing the Site, creating an account, or purchasing a product, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
1. Acceptance of Terms
By using the Site, you represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian who agrees to be bound by these Terms.
2. Additional Policies
These Terms incorporate by reference the following policies, which also apply to your use of the Site and any purchases:
Warranty Policy – governs warranty coverage for products sold by Bonnell Bike.
Shipping Policy – governs shipping methods, costs, and delivery.
Refund & Return Policy – governs returns, exchanges, and refunds.
Privacy Policy – governs our collection and use of your personal information.
In the event of any conflict between these Terms and a specific policy, the specific policy shall control with respect to its subject matter.
3. Eligibility and Account
Account Creation
To access certain features of the Site (e.g., order tracking, saved carts), you may create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Accuracy of Information
You agree to provide accurate, current, and complete information during the registration and checkout process. We reserve the right to suspend or terminate accounts that provide false or misleading information.
Prohibited Users
We do not sell products to individuals or entities located in countries subject to U.S., EU, Canadian, or Chinese trade sanctions or embargoes, or to individuals on any denied parties list.
4. Products and Pricing
Product Descriptions
We strive to display product colors, specifications, and features accurately. However, we do not warrant that product descriptions, images, or other content on the Site are error-free, complete, or current. Minor variations may occur due to manufacturing changes.
Pricing
All prices are listed in the currency indicated at checkout (USD, CAD, EUR, GBP, etc.). Prices are subject to change without notice, but changes will not affect orders already placed and confirmed.
Errors: If we discover a pricing or description error on a product you have ordered, we will notify you and give you the option to reconfirm the order at the correct price or cancel it. If we cannot reach you, we may cancel the order and issue a refund.
Product Availability
Some products may be limited in quantity or may be discontinued. We reserve the right to limit quantities, refuse orders, or cancel orders at our discretion, including but not limited to orders that appear to be placed by resellers or distributors.
5. Orders, Payment, and Acceptance
Order Confirmation
After you place an order, you will receive an email confirming receipt of your order. This confirmation does not constitute acceptance of your order. Acceptance occurs only when the item(s) are shipped, at which point you will receive a shipping confirmation email.
Payment Methods
We accept major Bank Transfer, PayPal, and other payment methods as displayed at checkout. By providing a payment method, you represent that you are authorized to use it and that the billing information is accurate.
Fraud Prevention
To prevent fraud, we may require additional verification (e.g., matching billing address, identity verification) before processing certain orders. We reserve the right to cancel any order that fails our fraud screening.
Taxes
Applicable sales tax, VAT, GST, or other governmental charges will be calculated and displayed at checkout. For international orders, customs duties and import taxes are the responsibility of the recipient (see Shipping Policy).
6. Shipping and Delivery
All shipping and delivery terms are governed by our Shipping Policy, which is incorporated herein by reference.
Key points:
We ship from multiple warehouses globally.
Delivery times are estimates and not guaranteed.
Risk of loss and title pass to you upon delivery to the carrier, except for orders where we arrange freight and require signature on delivery, in which case risk passes upon your acceptance of delivery.
You are responsible for ensuring that the product is legal in your jurisdiction and that you can receive it (including any import permits or age verification).
7. Returns, Refunds, and Warranty
All returns, refunds, and warranty claims are governed by our Refund & Return Policy and Warranty Policy, which are incorporated herein by reference.
Key points:
E-bikes and batteries have specific return conditions and restocking fees.
Warranty covers manufacturing defects only, not misuse, normal wear, or unauthorized modifications.
To initiate a return or warranty claim, contact support@bonnellbike.com.
8. Intellectual Property Rights
Our Content
The Site and all its contents (including text, graphics, logos, images, software, and design) are owned by Bonnell Bike or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our prior written consent.
Trademarks: “Bonnell Bike,” the Bonnell logo, and all related names, logos, product names, and service names are trademarks of Bonnell Bike or their respective owners (e.g., Surron, 79Bikes, Altis Sigma). You may not use these marks without permission.
User-Generated Content
If you post reviews, comments, photos, or other content on the Site or our social media channels, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, and display such content in connection with our business. You represent that you own or have permission to post such content.
9. Prohibited Uses
You agree not to use the Site or any products purchased from us for any unlawful or prohibited purpose, including:
Violating any applicable federal, state, local, or international law or regulation.
Modifying, tampering with, or “hacking” any product in a way that could make it unsafe or illegal (e.g., removing speed limiters, modifying battery systems).
Using the Site to transmit any viruses, malware, or harmful code.
Attempting to gain unauthorized access to our systems or other users’ accounts.
Engaging in any activity that could damage, disable, or impair the Site.
Using automated means (bots, scrapers) to access the Site without permission.
Infringing the intellectual property rights of others.
We reserve the right to terminate your access to the Site for any violation of these Terms.
10. Safety Warnings and Assumption of Risk
E-Bike and E-Moto Safety
Electric bikes and electric motorcycles (including Surron, 79Bikes, Altis Sigma, and Bonnell models) are powerful vehicles that can reach high speeds. Riding these products carries inherent risks of serious injury or death.
You acknowledge and agree that:
You are solely responsible for learning how to safely operate the product.
You will always wear a helmet and appropriate protective gear.
You will obey all traffic laws and local regulations regarding e-bikes/e-motos, including age restrictions, licensing, registration, insurance, and where such vehicles may be ridden (e.g., public roads, trails, private property).
You will not operate the product under the influence of alcohol or drugs.
You will inspect the product before each ride and maintain it according to the manufacturer’s instructions.
Lithium-Ion Battery Safety
Lithium-ion batteries can pose fire or explosion risks if mishandled. You agree to:
Use only the charger provided or approved by the manufacturer.
Never leave a charging battery unattended for extended periods.
Never puncture, crush, or expose the battery to extreme heat or water.
Dispose of batteries properly at a certified recycling facility.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF PRODUCTS SOLD BY BONNELL BIKE, INCLUDING BUT NOT LIMITED TO RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH.
11. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS EXPLICITLY STATED IN OUR WARRANTY POLICY.
TO THE FULLEST EXTENT PERMITTED BY LAW, BONNELL BIKE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS BEYOND THE SPECIFICATIONS STATED ON THE PRODUCT PAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BONNELL BIKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO:
YOUR USE OR INABILITY TO USE THE SITE;
ANY PRODUCTS PURCHASED THROUGH THE SITE;
ANY ERRORS OR OMISSIONS IN PRODUCT DESCRIPTIONS OR PRICING;
ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS EXCEED THE AMOUNT YOU PAID TO BONNELL BIKE FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless Bonnell Bike, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Your violation of these Terms;
Your use or misuse of the Site or any products purchased;
Your violation of any applicable law or regulation;
Any content you submit to the Site.
14. Governing Law and Dispute Resolution
Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles, except where prohibited by local mandatory law (e.g., consumer protection laws in the EU or Canada).
Informal Resolution
Before initiating any formal legal action, you agree to first contact us at support@bonnellbike.com with a description of the dispute. We will attempt to resolve the matter informally within 30 days.
Arbitration and Class Action Waiver (For U.S. Customers)
For customers in the United States: Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and judgment on the award may be entered in any court having jurisdiction. YOU AND BONNELL BIKE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Arbitration shall take place in the county where you reside, or in New Castle County, Delaware, at your election.
For customers outside the U.S.: You may be entitled to bring claims in the courts of your country of residence, and nothing in this section is intended to limit those rights.
Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including intellectual property infringement or unauthorized use of the Site.
15. Termination
We may terminate or suspend your access to the Site, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Site will cease immediately, but all provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.
16. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting to the Site with a revised “Last Updated” date. For material changes, we may also notify you via email or a prominent notice on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
17. General Provisions
Entire Agreement
These Terms, together with the policies referenced herein, constitute the entire agreement between you and Bonnell Bike regarding the Site and your purchases, superseding any prior agreements.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice.
Force Majeure
We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, labor strikes, customs delays, or supply chain disruptions.
18. Contact Information
For questions about these Terms or any other matter, please contact us:
Bonnell Bike
Email: support@bonnellbike.com
Website: https://bonnellbike.com
Mailing Address:
Bonnell Bike
[Insert Physical Address, e.g., 1234 Industrial Way, City, State, ZIP]
We will respond to all inquiries within 1–2 business days.
