Terms of service

OVERVIEW OF THE GENERAL TERMS AND CONDITIONS

Welcome to Pender Ebikelifter! The terms “we,” “us,” and “our” refer to Pender Ebikelifter. Pender Ebikelifter operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Pender Ebikelifter is powered by Shopify, enabling us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “General Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these General Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these General Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you are fully authorized to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. However, we note that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or correspond exactly to the representations shown in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Pender Ebikelifter reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until confirmed by Pender Ebikelifter. Receipt and processing of your payment are conditions for acceptance of your order. Please review your order carefully before submitting it, as Pender Ebikelifter may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Returns or exchanges of your purchases are governed exclusively by our Withdrawal Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and special offers may change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices listed in our online stores may differ from prices in physical stores or in online stores or other shops operated by third parties. We may occasionally offer promotions affecting pricing for the Services, and such promotions may be subject to terms different from these Terms. In the event of any conflict between promotional terms and these General Terms and Conditions, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, illustrations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Pender Ebikelifter, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These General Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these General Terms and Conditions grants you any license or other rights under any patents, trademarks, copyrights, or other intellectual property of Pender Ebikelifter, Shopify, or any third party, nor shall any such grant be implied. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Pender Ebikelifter.

The names, logos, product and service names, designs, and slogans of Pender Ebikelifter are trademarks of Pender Ebikelifter or its affiliates or licensors. You may not use these trademarks without prior written permission from Pender Ebikelifter. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these General Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses resulting from your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Pender Ebikelifter is powered by Shopify, enabling us to provide the Services to you. However, all sales and purchases made in our store are entered into directly with Pender Ebikelifter. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Pender Ebikelifter, including injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising out of or related to your purchases and transactions with Pender Ebikelifter.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be shared with Shopify and third-party providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. Please refer to our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms.

You further represent and warrant that: (i) you own all Feedback or otherwise have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these General Terms and Conditions.

You represent that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material and does not contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse material that does not comply with these General Terms and Conditions; (g) to transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation; (h) to impersonate or attempt to impersonate another individual or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Pender Ebikelifter, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents. UNLESS EXPRESSLY STATED BY Pender Ebikelifter, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. SECTION 16 – LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, IN NO CASE SHALL Pender Ebikelifter, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS—OR THOSE OF SHOPIFY AND ITS AFFILIATES—BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ...CONTENT (OR PRODUCTS) MADE AVAILABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SECTION 17 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Pender Ebikelifter, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims—including reasonable attorney’s fees—payable to third parties arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claims; however, a failure to provide prompt notice does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant documents. SECTION 18 – SEVERABILITY Should any provision of these Terms and Conditions be found to be unlawful, void, or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such a determination. SECTION 19 – WAIVER, ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. These General Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire