Not Intended for Minors
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent by a parent or guardian to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Elby specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user. Elby will have no liability resulting from any use of our Site or Services by any Minor.
Our Site allows you to purchase Elby Services such as Elby bikes. We use the services operated by PayPal (“Payment Processor”) as a payment gateway for processing purchase orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers.
For more information, please see www.paypal.com/ca/webapps/mpp/ua/legalhub-full.
When you make a purchase on our Site, you agree to pay, and authorize our Payment Processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in [CDN/US] Dollars and are non-refundable except as required by law. Elby is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.
You can return your purchased item within thirty (30) days from the date you receive your purchase. In order to process a return, you must email us at: firstname.lastname@example.org or call us toll-free at: 844-866-3529, and comply with the following terms and conditions for a refund:
- The original packaging MUST be used – no substitutions – (hang onto your box!).
- Elby will arrange transport via a common carrier.
- You will be responsible for all shipping costs; the shipping costs will be deducted from the credit amount given.
- Once our Elby team receives the goods, we will perform a 30-point check and confirm receipt of return is in good working condition.
- Elby Bike must not be altered in any way or the return cannot be accepted.
- We will not issue a credit until Elby is in possession of the returned item.
- Refunds will be issued in about 2-3 weeks. Most refunds are fully refunded in 3-5 days after we receive and process your return.
- Refunds will be credited to your original method of payment.
Retailer Sign Up
Our Site gives companies the opportunity to become a part of the Elby family. If you wish to submit your company for consideration as an Elby retailer, we will require certain information from you in our “Become a Retailer” form. This will allow us to get to know more about your business so that an Elby team member can contact you to discuss the details. Please be advised that completing our “Become a Retailer” form does not mean that we have entered into any retailer agreement with you.
You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Elby or the administrators of our Site and Services, in their sole discretion. You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.
We welcome any feedback, comments and suggestions you may have to improve our Site and Services (“Feedback”). You can submit Feedback to us through our “Contact Us” page. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you.
Acceptable Use Policy
We have established the following rules of use for our Services. You agree you will not:
- violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- remove any proprietary notices or labels on the Site or the Content;
- transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our Site or Services;
- collect, store, or attempt to collect or store, any personal information from the Site or Services of other users without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Disclaimers and Limitation of Liability
THIS SITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ELBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. ELBY DOES NOT WARRANT THAT THIS SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELBY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL ELBY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELBY AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT, OR THE PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, EVEN IF ELBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
Links to Third Party Websites
These Terms and your use of our Site and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.
Our Communication With You
Information and Questions